The player from Austria created an account at this casino. Then he found out that it isn’t licensed by the Austrian authority, so he believes he is entitled to a refund. From our point of view, the casino didn't do anything wrong, therefore we rejected this complaint.
Lottoland Casino - Player wants compensation from this casino.
Amount: €16,944.8
Lottoland Casino
Safety Index:HighSafety Index
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8.0
Lottoland Casino has a Safety Index of 8, which makes it a safe casino suitable for most players. Explore this casino’s Safety Index
Case closed
Our verdict
Unjustified complaint
REJECTED
Case summary
3 years ago
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3 years ago
Translation
Lottoland offered gambling in Austria and opened a contract and account with me !!! This is illegal under Austrian law and may only be offered by win2day. I therefore ask the casino to reimburse me for the game loss of 16,944.80, - otherwise I will involve the court with it and they will sue the European court proceedings.
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3 years ago
Dear Michael,
Thank you very much for submitting your complaint. I’m sorry to hear about your problem. Please understand, this casino is licensed by Malta and Austrian players haven't been restricted yet.
You personally decided to open an account and play in a casino that doesn’t have an Austrian license. No one forced you to do so, information about the casino’s license is freely available and the casino didn’t use this fact against you.
Unfortunately, in this case, if you lost your balance fairly, we are not able to help you and you are not entitled to any refunds. I can only recommend you to do better research next time and play only in the casinos licensed by the Austrian authority if that is what you prefer.
Please let me know, if there is anything else, I could do for you regarding this case, otherwise, I will be forced to reject your complaint. Thank you for your understanding.
Best regards,
Kristina
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3 years ago
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Hello Casino Guru, I wrote very clearly at the beginning what I wanted from this casino, the repayment of the losses !!! thanks
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3 years ago
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Dear Christina, thank you for this info! However, these casinos may offer many games of chance, but no slot and live casino games! There are already 3 judgments from the courts, including the Supreme Court, that this form of gambling is only allowed on win2day !!! I thought I would try it here, because the lawsuit against this company will be made in the next few days! thanks
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3 years ago
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There is a gaming monopoly in Austria - Casinos Austria has the only state license for online gaming with the win2day platform. All other providers are not allowed to offer online gambling in Austria according to the current legal situation. What happens if you lose money with these providers, can the losses be reclaimed?
These online casinos often argue that the Austrian gaming monopoly is "in breach of Union law" as it violates the EU's freedom to provide services. Therefore, in their opinion, they should also offer online gambling in Austria. Is that really so or do these casinos
successfully sue?
The European Court of Justice has already set several criteria according to which a gaming monopoly can be legally permissible. As a result, the Administrative Court, the Constitutional Court and the Supreme Court in Austria pronounced in several judgments that the Austrian gaming monopoly does not violate Union law and is therefore valid. The Supreme Court explicitly stated in a decision:
The Supreme Court sees no reason to deviate from the case law of the Senate that, after having assessed all the actual effects in the sense of the case law of the ECJ, the Austrian system of gaming licenses does not violate Union law.
In a decision of March 30, 2017, the Higher Regional Court of Vienna affirmed a claim for reimbursement against an online casino from abroad with the following justification and granted a refund:
The claimant's claim for restitution resulted from a prohibited game of chance with regard to the defendant's lack of a license. What was paid on the basis of an unauthorized and thus ineffective gambling contract is recoverable. A legal basis is provided by both the law on enrichment and the law on damages, especially since the interference in the gaming monopoly also results in a violation of the protective law.
Losses at all online casinos are therefore recoverable. With a lawsuit against the online casino players can claim back all losses of the last 30 years. This does not apply to the provider win2day and losses in sports betting in general, since sports betting is not a "game of chance" from a legal point of view.
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3 years ago
Thank you for the explanation. Please note, Casino.Guru is an independent online casino database that acts as a mediator in resolving players’ disputes. Unfortunately, we have no authority to ask casinos for a refund due to legislation valid in a specific country.
From our point of view, the casino didn't do anything wrong. I apologize, but we cannot help you in this case.
After gathering all the necessary information we are rejecting this complaint as unjustified. Sorry we were not able to help you with this one, but please, do not hesitate to contact us in the future, if you run into any issues with this or any other casino and we will try our best to help.
