The player from Spain had reported that their underage child had opened an account with an online casino and made a deposit without their knowledge. The casino had blocked the account and retained the funds upon discovering that the account was created by a minor, which was a breach of their Terms & Conditions. The player had requested a refund, arguing that the account created by a minor should be considered void. The player also raised concerns about the legality of the casino's operation in Spain without a license, and the lack of transparency about their policies. We had concluded that the player should contact the casino's licensing authority for further assistance, as it wasn't the casino's fault that the minor claimed to be 18 and used the player's card. The complaint was closed.
MyStake Casino - Player's account, created by a minor, blocked.
Amount: $200
MyStake Casino
Safety Index:HighOther
REJECTED
Case summary
Hello,
My kid opened an account in the casino without my authorisation, depositing money. The casino then found out, and totally blocked the account, as it is expected for them to do.
The problem is that apart from blocking the account, they decided to keep all the money that there's on it.
The account was established without my knowledge or permission, which is a clear violation of the service provider's own Terms & Conditions that prohibit underage individuals from creating accounts and participating in gambling activities.
Since the account was blocked immediately and no services were utilized, there has been no loss or expense incurred by the service provider that would justify withholding the funds.
Also, many jurisdictions including the Curacao one have consumer protection laws that provide for the right to a refund when services are not rendered or contracts are entered into by unauthorized parties, particularly minors. The creation of the account by an underage individual should be considered void ab initio, and any associated transactions should be reversed.
Apart from that, retaining the funds under these circumstances could be considered unjust enrichment, as the service provider has not provided any services in exchange for the deposited funds.
The service provider's Terms of Service grant them the discretionary power to issue refunds. I urge them to exercise this discretion in favor of refunding the balance to the original payment method, given the exceptional nature of this case. They also told me that my kid would be able to receive the money as soon as he is +18, like encouraging him to go back to the casino and having to re-open that account; this makes no sense and is not stated ANYWHERE in their Terms and Conditions.
Ambiguous interpretations of something that does not exist, as the terms and conditions are silent on the reasons why they are keeping my money; all the vague justifications they have been giving me are made up as they go along.
Given the above points, I respectfully request that AskGamblers review this matter and provide a fair resolution. The funds in question were deposited under false pretenses, and I believe that a refund is both legally and ethically justified.
Best Regards
Dear lcrworld,
Thank you very much for submitting your complaint. I’m sorry to hear about your negative experience with MyStake Casino.
Please allow me to ask you a few questions, so I can better understand the situation.
- Do I understand correctly the casino closed the account, and withheld the funds on the account in the amount of $200?
- Could you please specify if the funds were deposited using a payment method in your name?
I hope we will be able to help you to resolve this issue as soon as possible. Thank you very much in advance for your reply.
Best regards,
Tomas
Hello,
Thank you very much for your response.
To the first question; indeed, that’s what happened. The amount is also correct.
To the second question; my kid used my card to buy directly crypto from the site, as far as I know the crypto got added there. I would accept to get the refund in USDC or USDT, as that is the currency used by that casino. I guess I’ll figure out how to get it in fiat money.
I have a charge in my card from Coinbase (I could send pictures if needed) of the cryptocurrencies bought for depositing there right after.
I request to the casino that if they finally decide refunding the money, to please ask me for payment information as I'm not aware what wallet my kid used and don't want the money to go who knows where.
Regards
Thank you very much, lcrworld, for providing the necessary information. I will now transfer your complaint to my colleague Jozef (jozef.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.
Dear lcrworld,
I truly appreciate you sharing your experiences with the Casino Guru team. We will now proceed to reach out to the casino.
Our policy states that accounts of juveniles are suspended until they become 18. Before then, both the account and the balance are frozen. The user can take out the balance once they turn eighteen years old.
Kind regards,
Mystake team
Dear CasinoGuru and MyStake Casino,
The deposit made by my underage child, and your subsequent freezing of these funds, is a flagrant violation of the Spanish Gambling Act 13/2011. This act clearly prohibits unlicensed gambling services from operating within Spain and facilitating gambling activities for minors.
Could you please explain me and Casino Guru why you allowed an Spanish citizen (which didn’t hide it) to register and deposit in your casino, when the Spanish law clearly states that it’s totally illegal to operate in Spain without an Spanish license?
There IS NOT any SPECIFIC AND CLEAR clause in your terms and conditions regarding the freezing of a minor’s funds upon account suspension, in consequence, the "policy" you are referring to is not legally bidding and simply isn’t anywhere. It demonstrates a lack of transparency and accountability on your part, which is unacceptable.
The retention of these funds under the pretense of "hidden policies" does not absolve you of the legal implications of providing gambling services to a minor in Spain.
If you don’t want to follow Spanish law and regulations, DO NOT accept Spanish citizens on your casinos.
Please CasinoGuru examine the case accordingly. I am happy to provide more information if needed.
Dear lcrworld,
I apologize for the situation, but we usuaully refer similar cases directly to the appropriate authority. It is important to note that it is not the casino's fault that your child registered, claimed to be 18, and used your card. I have no choice but to close this case. I strongly suggest contacting the casino licensing authority for further assistance. As for allowing Spanish citizens to register, I believe this should be investigated by your local regulatory Please feel free to reach out to us if you have any questions.
Kind regards, Jozef
