Loki Casino - Withdrawal of player's winnings has been delayed.

DAMA broke? Or why is LOKI casino not paying out 4.000€ on an verified account?

I had my account verified on Loki.com with the owner of the website DAMA B.V. on the 12.03.2024. after I made my first payment of 200€.

After all was fully verified I decided to play a bit more and paid in on the 17.03.2024 another 900€ through 3 payments.

After I played for some time, I wanted to cashout some of my winning (€4000 out of €6400). But this was declined and the customer service told me that I have to file additional documents and verify again, as they do not want to send the money to somebody else.

I had previously uploaded ID, Payment picture and also bank statement.

When I asked for payout I was asked again for additional documentation, Payment picture and also bank statement, which I supplied...

After uploading these documents, within a few minutes all documents were rejected, which is weird as the initial verification took couple of days. No all documents were rejected within minutes of submitting!!!

Happy to upload verification email from DAMA B.V. (Loki.com) my stuff which I uploaded and so on...

Thanks Malta-Media.com

Dear Malta-Media.com,

Thank you very much for submitting your complaint. We are sorry to hear about the issue with your withdrawal and understand your concern. However, please bear in mind that it’s quite usual for withdrawals to take a couple of days or even weeks to get fully processed. This means that it may take some time before your money appears in your account. This delay may be caused by unfinished KYC verification or a high volume of withdrawal requests.
That’s why we advise players to be patient, cooperate fully with casino, and wait at least 14 days after requesting their withdrawals before submitting a complaint.

If your account has been successfully verified, your game history checked, your withdrawal approved by the casino, and you still haven't received your winnings by 14 days since requesting the withdrawal, we will intervene and do our best to help you.
Thank you in advance for your patience and understanding.

Best regards,
Complaints Resolution Center

Hello Kristina, thanks for your message.

To be honest with you, LOKI seems not to able to payout any money as it seems.

After being fully verified (received the email on the 12.03.2024) by LOKI, they keep asking for further documents which I upload each time. Some get rejected (for what reason whatsoever) other gets accepted.

But still no payouts are made by LOKI, thought the request for a payout are denied within minutes of submitting a withdrawal.

So if I was fully verified (see attached document) why do they not payout?

Submitted this morning a request to my VIP Manager Kim ( kim@lokicasino.com )how I can close my account, again no response after that from her. Usually she is quite quick in doing things.

I upload a few documents for this case. including the verification email, transactions, withdrawal request and also the current balance on the account.

Thanks

Dear Malta-Media.com,

Have you received your withdrawal from the casino yet?

Dear Malta-Media.com,

We are extending the timer by 7 days. Please, be aware that in case you fail to respond in the given time frame or don’t require any further assistance, we will reject the complaint.

Hello Kristina

The whole matter has now been referred by the VIP Manager to "higher management, they are looking into it! "

Thanks

Has there been any news? Have your documents been approved or have you received any instructions from the casino on how to proceed? If there is any other relevant communication between you and the casino, please forward it to kristina.s@casino.guru. Alternatively, you can post it here. Thank you in advance.

Kristina, I have sent you an email.

Thank you very much, Malta-Media.com, for your cooperation. I will now transfer your complaint to my colleague Michal (michal.k@casino.guru) who will be at your service. I wish you the best of luck and hope the problem will be resolved to your satisfaction in the near future.  

Hello Malta-Media.com,

I'm Michal, and I have taken over your complaint. I have reviewed your case, and I want to clarify the reason for your complaint. In the complaint thread, you mentioned difficulties with withdrawing your winnings, but in your email correspondence with the casino team you shared with us, you requested the casino to refund all your previous deposits that you freely made. Additionally, you identified yourself as a representative of a specific company and questioned the legality of the casino's operations in your country.

For your information, Casino.guru is an independent source of information about online casinos, online casino games and acts as a mediator in resolving players’ disputes that is not controlled by any gambling operator. Our platform is designed to assist individual players with their issues, and we're not equipped to handle disputes between companies.

Please understand that we don't have legal authority over any casino, so I'm unsure if our platform is the appropriate venue for your complaint or if we can assist with your particular issue. I'm looking forward to your clarification.

Hello Mihal. Thanks for your message.

After I tried to withdraw some money from my account (see previous posted screenshots above) and facing the problem that any withdrawal was rejected within minutes when I submitted it, I contacted a friend of mine who is a solicitor in Malta. He told me that, based on licensing of the casino, as well as local regulation, Loki Casino should have not accepted any payments from a Maltese resident at all, as the casino has no legal ground to work inside the European Union. Given the gravity of this situation, I was compelled to request an immediate and full refund of the deposits made, totaling 3,800 EUR. This request stems from the casino's apparent legal oversight and its failure to comply with the gambling laws of Malta. The absence of a GEO blocker, which is fundamental in regulated markets to ensure compliance with local laws, is inexcusable and jeopardizes consumer protection.

I contacted you as a private individual, as you can see on all screenshots. I work, and own, for quite a few businesses, which does not have anything to do with this complaint.

The fact that this casino is LEGALLY NOT ALLOWED to take any deposits from players from the EU, is and will be part of a criminal investigation, which will take place here in Malta.

Having have said this, as Casino.guru is an independent source of information about online casinos, it should take their responsibility serious and identify (in their work for due diligence) casinos which are conducting illegal operations inside the EU. I'm aware that even your company is registered in the Seychelles and maybe does not care about any European laws.

I'm aware that you do not have any legal authority over any casino, but your platform is the appropriate venue for my complaint about this casino, as they are not allowed to accept people from the EU at all!!

I do hope this clarifies my PERSONAL complaint about LokiCasino.com

Dear Malta-Media.com,

Thank you for your response. Although I understand your point and I can agree with you that ideally, every casino should have a feature implemented to not allow players from a non-allowed country to register and deposit money, or where certain local regulations limit this. We are advocating for this, unfortunately, this has not yet become an industry standard. That's why it is indeed the player's responsibility to make sure to read the terms and conditions and to abide by your native regulations, as they're mentioned in the casino's terms and conditions, to which you agree when creating your account.

Unfortunately, we are not able to help you with this issue and if you want to pursue this case, you have to contact the relevant authorities. I can, however, reach out to the Loki casino team, to shed more light on why your withdrawals were declined.

We would like to invite Loki Casino to join the conversation.

Dear Loki Casino,

Dear Loki Casino,

Could you please clarify why the player's withdrawals were declined, especially since their account was previously verified and they have also provided additional documents as requested? If the information can't be shared publicly, please forward it to me at michal.k@casino.guru

Michal. Thank you for your response and for pointing out the Terms and Conditions of LOKI Casino.

I understand the importance of personal responsibility in ensuring compliance with the gambling laws of one's jurisdiction, as stated in the Terms and Conditions of LOKI Casino. However, it's critical to clarify that these terms do not, and cannot, override or negate the prevailing laws of any jurisdiction, including Malta.

The legal framework in Malta clearly mandates that any entity offering gambling services to Maltese residents must possess a valid license issued by the Malta Gaming Authority (MGA). This requirement is in place to protect consumers and ensure fair and transparent gaming practices. Operating without such a license, especially without implementing a geographical restriction mechanism (GEO blocker), is not just a breach of the MGA's regulations but also constitutes a legal offense under Maltese law.

While I appreciate the emphasis the terms place on player responsibility, the absence of a GEO blocker exposes Maltese residents to services that are not legally permitted within our jurisdiction. This oversight not only places the onus on individuals, often unaware of such legal intricacies, but also undermines the regulatory framework established for their protection.

Here a bit of law, which applies to the situation with LokiCasino.com

The casino and the customer entered into a mutual agreement whereby the customer accepted the Terms and Conditions upon registration. This contract constitutes the entire basis for gaming activities and transactions at the casino or with the bookmaker. Given that the online casino and sports betting offerings were illegal and unlicensed, it follows that the contract between the casino and the customer is void under Section 134 of the German Civil Code (BGB).

According to Section 134 BGB, a legal transaction that violates a statutory prohibition is null and void. The same would apply, for example, to a sales contract for illegal narcotics. In this case, the transaction would contravene the Narcotics Act, while the contract for gaming activities violates the State Treaty on Gambling. Consequently, there was no legal basis for the customer's deposits.

Pursuant to Section 812 (1) sentence 1 of the BGB, one is obligated to return what has been received without legal basis, i.e., without a valid contract. This is also the basis on which customers can reclaim their gambling losses.

Furthermore, it is noteworthy that no court has hitherto required that the Terms and Conditions be read thoroughly. Rather, it is acknowledged by the courts that typically, such terms are merely skimmed and accepted without detailed review.

In Maltese law, equivalent provisions to those in the German Civil Code (BGB) can be found that deal with the nullity of contracts made in violation of the law and the restitution of benefits gained without a legal basis.

Void Contracts Due to Illegality: Similar to Section 134 of the German BGB, under Maltese law, contracts that are entered into which contravene statutory prohibitions or public policy are considered null and void. This principle is upheld in various statutes concerning specific matters such as gaming and betting, and it is rooted in the broader principles of contract law found within the Civil Code of Malta.

Restitution for Invalid Contracts: Corresponding to Section 812 of the BGB, Maltese law also provides mechanisms for restitution in cases where a contract is found to be void or rescinded. Under Maltese contract law, particularly through provisions in the Civil Code, any benefits transferred under a contract that is later declared void must be returned. This is founded on the principle that no one should benefit unjustly at the expense of another, commonly referred to in legal terms as "unjust enrichment."

In terms of specific legislation, Malta has comprehensive laws regulating gaming and betting, including the Gaming Act and regulations issued under it, which define the legal framework for gambling activities. If a gaming or betting operation is found to be unlicensed and illegal, any contracts made under such operations are to be considered void ab initio (void from the outset). Furthermore, participants who have incurred losses under such illegal contracts have the right to recover such losses based on the principles of restitution for unjust enrichment.

Dear Malta-Media.com,

Thank you for your patience as we reviewed the details of your account activity. We appreciate your bringing this matter to our attention, and we would like to clarify the sequence of events regarding your account verification and withdrawal attempts.

Upon review, we confirmed that the initial verification process was completed correctly. You provided all necessary documents before making your first deposit, which established the initial trust and verification status. For your initial verification, you provided a bank statement that was sufficient to confirm your address.

However, when you requested a withdrawal to a different account via an IBAN associated with Revolut, it necessitated additional verification to confirm that this new bank account was also under your ownership. This step is crucial to ensure that payments are sent to the correct recipient and to prevent fraudulent activities.

Furthermore, you made deposits using Neteller, which also required verification. This is a standard procedure when new payment methods are introduced to ensure the security of all transactions.

It is important to note that after your withdrawal request was approved, you chose to cancel it. Our records show that you then continued to play. Additionally, there was an attempt to create a duplicate account, which complicates the situation as it is against our policy and raises concerns about potential misuse of our platform.

We understand that the situation may seem frustrating, but please rest assured that our team has handled your queries and transactions following strict regulatory requirements and internal security protocols. Our primary goal is to ensure a secure and fair gaming environment for all our players.

Best regards, 

Loki Casino Team.

Dear Malta-Media.com,

We are extending the timer by 7 days. Please, be aware that in case you fail to respond in the given time frame or don’t require any further assistance, we will reject the complaint.

Hello,

I must express my profound dissatisfaction with the handling of my account and the issues surrounding my attempts to withdraw winnings. Your last message was quite detailed, yet it glaringly omits critical concerns regarding your verification process and the overall management of my account.

Firstly, it was only from your recent communication that I became aware of any allegations concerning a duplicate account. This was never an issue when I deposited a total of €3800 into my account. It is quite perplexing that this alleged issue surfaced only when I attempted to withdraw my winnings, not when you accepted my substantial deposits.

Moreover, I must emphasize that as a Maltese resident, I should not have been able to register and deposit at Loki Casino in the first place, given the regulatory environment. Your failure to implement geo-blocking technology has allowed residents from non-permitted jurisdictions such as Malta to engage with your services, which is a clear violation of regulatory requirements. In light of this oversight, I demand a full refund of my deposits totaling €3800, as these should not have been accepted.

Given these circumstances, I expect:

A complete refund of my deposits amounting to €3800 due to the lack of legal grounds for accepting these funds.

An official retraction of the claim regarding the duplicate account, unless substantiated with credible evidence, that payments into the account was rejected!

A detailed explanation of why I was allowed to deposit and play despite your platform's obligations to comply with jurisdictional restrictions.

Please address these issues promptly. Failure to resolve these matters satisfactorily will leave me no choice but to escalate this further legally and file a complaint with the authorities here in Malta and abroad.

Dear Malta-Media.com,

While I understand the reply from the Loki Casino team may not have met your expectations, I must refer you back to my previous post.

Although I understand your point and I can agree with you that ideally, every casino should have a feature implemented to not allow players from a non-allowed country to register and deposit money, or where certain local regulations limit this. We are advocating for this, unfortunately, this has not yet become an industry standard. That's why it is indeed the player's responsibility to make sure to read the terms and conditions and to abide by your native regulations, as they're mentioned in the casino's terms and conditions, to which you agree when creating your account. Unfortunately, we are not able to help you with this issue and if you want to pursue this case, you have to contact the relevant authorities.

Regarding your concerns about the duplicate accounts,. I understand your concerns regarding the lack of prior notification about potential violations of Loki Casino's rule before your withdrawal, but it's essential to highlight that the discovery of any inconsistencies typically occurs during or after the implementation of Know Your Customer (KYC) and Anti-Money Laundering (AML) checks. These checks are usually initiated after a player submits a withdrawal request. As far as I understand it correctly, the casino team mentioned there was an attempt (this usually means the account was not created successfully or it has been flagged/disabled right away) and not that you have created and actively used duplicate accounts.

Nonetheless, the initial reason for your complaint was the delay in processing your withdrawals.

I'm afraid there is nothing that can be done here either. As the casino team informed you above, you, on your own initiative, have canceled the withdrawal and depleted your balance with further gameplay. Once the funds are fairly lost, there is nothing that can be done.

The casino has this mentioned in its terms and conditions and as I already mentioned you agree to these once you create your casino account.

10. DISCLAIMER OF LIABILITIES

By accepting these Terms and Conditions you confirm your awareness of the fact that gambling may lead to losing money. The Casino is not liable for any possible financial damage arising from your use of the Website.

I understand that my response is not what you had hoped for, However, as previously explained, we do not have jurisdiction over Loki Casino's operations in your country. Furthermore, since you lost your funds fairly, the casino is not obligated to issue any refund to you.

Feel free to let me know if I can assist you with anything else, but from all the information gathered I will be forced to reject your complaint.

Dear Malta-Media.com,

We are extending the timer by 7 days. Please, be aware that in case you fail to respond in the given time frame or don’t require any further assistance, we will reject the complaint.

Unfortunately, the player has not responded to our messages and questions. Consequently, we are unable to establish if any additional assistance is needed and have no choice but to reject this complaint.

The player can reopen this complaint at any time if they think we can be of any further assistance.