TonyBet Casino - Player requests a refund of his deposits.

I am seeking my refund of my deposit of 750 euros which i am legally entitled to under EU consumer law European Union Article 169 specifically the updated terms of January 2022 to cover virtual contracts and contracts between consumer and vendor.

Tonybet coerced and induced me to deposit under misrepresentation of sale. I was told by chat agent Jeff a welcome bonus would add and if it didnt it would be added automatically. It did not add and was not added.

I was verified prior to depositing and then once I deposited my documents were retroactively UNVERFIED (ALL PROVABLE).

I can prove tonybet site attempt to entrap me by approving my documents prior to me depositing (which screenshots previously provided) only then to retroactively unverify my documents. This amounts not only to EU consumer law breaches but arguable is criminal misrepresentation.

Has Jeff not induced and coerced me, had tonybet not verified my documents prior to depositing I never would of deposited as I have no other ID or proof of address.

Therefore under EU consumer law I am legally entitled to a a refund within 14 days. I have not used any of your goods or services and have no intention to due to Tonybet at best negligent and at worst criminal behaviour.

Tonybet are not engaging with me and are at present in breach of EU consumer law and not processing my refund of deposit (which i have not used).

Please casinoguru act as mediator before this end up in court.

Dear eliasfink,

Thank you very much for submitting your complaint. I’m sorry to hear about your negative experience with TonyBet Casino.

Please allow me to ask you a few questions, so I can better understand the situation. 

• When did you deposit in the casino, and submitted your documents?
• Did you request a refund from the casino? What was the casino's reply?

You may upload screenshots relevant to the case here, or alternatively please send the information relevant to your issue to my email at tomas@casino.guru for us to review.

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

Hi Thomas,

Thanks for being so professional and quick with this.

All documents were submitted and approved on the 08/07/2023. You can even see from the screenshots of my verified account section additional selfies were uploaded that day and approved.

I was induced by the chat agent Jeff to deposit on the 10/07/2023. My documents were then retroactively unverified two hours after the deposit. I then request a full refund an hour after this experience.

Thanks

The casino has ignored the requests for the refund, which im legally entitled to.

They have also ignored all emails to them.

Thanks for the explanation.

Could you please forward me the emails you received from the casino regarding the offer to deposit, the canceled verification of the documents, and the response to your refund request?

My email is tomas@casino.guru

Everything has already been uploaded in this complaint. You have the documents going from verified to unverified.

The offer is the standard one on their site for Irish players.

They have not processed my withdrawal/refund and are not responding to emails.

Please can we just move this along and get the other side to engage.

Thank you very much, eliasfink, for providing the necessary information. I will now transfer your complaint to my colleague Peter (peter.c@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 there,

Thank you eliasfink for providing us with all the information. I hope we'll be able to resolve this issue together.

I would now like to ask TonyBet Casino for their help in resolving this complaint. We would like to know how we can help resolve this issue.

Thank you!

Dear all,

 

As per Tonybet’s terms and conditions, section 2. "The Operator reserves the right to carry such [additional] verification procedures in case of lower withdrawals". Moreover, as per section 7, additional documents can be requested when: 7(7) "…when we suspect [..] fraudulent activity" and/or 7(9) "…if player’s account is suspicious." In this case, we have concerns over the legitimacy of the documents provided, so have asked the player to provide additional documentation. Once we can verify the player’s identity, we will allow him to proceed with withdrawal. The player has been informed of this several times.

Kind regards,

Dmitry Zvir.

As detailed specifically in my complaint and as the casino is well aware I have no additional documents.

hence why everything was uploaded and approved before I deposited (all provable with screenshots). I was then coerced to deposit by the chat agent (all supplied with screenshots).

after depositing my account was suspended and all my documents were retroactively unverified after saying verified prior to the deposit (this is again evidenced here).

I have not touched the deposit in the account, not played or engaged in any services due to Tonybets criminal behaviour.

I am therefore legally entitled to my refund under EU consumer law, referring to misrepresentation and including the 14 day cooling off period where every vendor must refund a customer within the first 14 days if the customer requests this. Which I have.

So my deposit needs to be refunded as it is now generating interest and Tonybet is now breaking the law.

I am never going to play at Tonybet so want the account closed and never to be contacted by them again.

Dear eliasfink, could you please send me the pictures of the documents you have provided to the casino to my email (peter.c@casino.guru) so I may review them?

Thank you for your understanding!

I sent the screenshot showing all documents were approved by Tonybet prior to deposit and then unverified once I was coerced to deposit (I also sent coercision by the chat agent) . This coupled with the eu consumer law and 14 day cooling off period is he evidence relevant to my complaint.

I am not sending my personal documents to a random man on the internet. This is also not necessary. As the facts highlight above.

Tonybet coerced me to deposit, verified my documents, then unverified them and have persisted in breaching EU consumer law by refusing to refund me as I have not engaged in their services.

We at Casino Guru act as mediators between players and casinos and we take great effort in the investigation of all our cases but as you seem to be more versed in the legal aspects of this issue, I would recommend you file an official complaint with the licensing authority of the casino. The casino operates under The Estonian Gaming Authority (https://www.emta.ee, contact: hasart@emta.ee) and has more options and tools to help players. Please let me know if you need help with submitting the complaint or how they responded if you can do it on your own (peter.c@casino.guru).

I have ongoing cases here. I also have ongoing solicitor action against the casino.

however I think it is also important to allow this to play out here, with you as mediators for other players who may have similar issues.

I have emailed you some further evidence.

Thank you

Thank you for providing the documents, I would like to ask the TonyBet Casino to let us know if a refund is possible and what is the reason why the player's documents were unverified.

Thank you in advance!

Hi Peter

 

We have responded to your colleague Tomas privately via email in relation to this ongoing case. Please note that the player’s withdrawal is still on hold pending verification. As per our terms and conditions, Tonybet reserves the right to conduct additional verification procedures. 

 

Kind regards,

Tonybet

Tonybet is deliberately ignoring the facts here and the law.

As the complaint details, I was verified prior to depositing, I was coerced into depositing for a bonus that was then not added, I then requested a refund of my deposit under EU consumer law (under the 2022 amendment to the law to cover digital goods and companies), Tonybet is aware no wagers have been made by me and uner the 14 day cooling off period clause within EU conumser law the vendor (tonybet) has been legally obligated to return my money as I have not engaged in any activities or services on the vendors site.

Tonybet was aware prior to me depositing and them verifying my documents I had no further ID documents.

Tonybet has no legal framework to keep my money (infact they are breaching criminal law).

I cannot and will not supply anything further and therefore insist upon my refund and my tonybet account closed.

The casino is purposely continuing to attempt theft.

Dear eliasfink, I have reviewed the EU consumer law and found this:

3. This Directive shall not apply to contracts:

(c) for gambling, which involves wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions;

If you wish to withdraw your deposit I would advise you to provide the casino with the verification documents as according to the terms and conditions to which you have agreed when registering the casino reserves the right to conduct additional verification procedures. 

Thank you in advance!

Please see the evidence I sent you preivously as per the amendments January 2022. You are completely wrong in your assessment and this is no way helps the complaint move forward..

Also, to be clear, no wagers have been entered into with the casino. I have placed no bets. Therefore even if this term 'which involves wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transaction' were applicable, it would not be accurate to apply to me as no bets have been placed.

Therefore the vendor is bound by EU consumer law, I, as the consumer, have paid the vendor money, not engaged in any of the vendors services due to their misrepresentation (evidenced by the bonus lies) and have therefore under the 14 day cooling off period requested my full refund.

You are also purposely ignoring the facts of this complaint, where the vendor approved all my KYC documents prior to depositing and then, when they were aware I had no other documents, unverified all my previous KYC documents and subsequently have committed theft.

Tonybets terms do not specifiy they are above EU conusmer law, they do not specify they can unverify documents and they DO NOT SPECIFY they can attempt theft when a player has not used their site and requested a refund. Their no AML issues here as no wagers have been made.

This is a black and white case of an operate attempting to steal someones money.

Unfortunately, we at Casino.Guru do not deal with complaints related to licensing regulations and policies. I understand your point, but, sadly, we’re not in a position to help you. We are an independent online casinos database that acts as a mediator in resolving players’ disputes. We have no authority to enforce the legality of laws. We simply use our contacts in the industry to investigate the root of the problem and guide the players to its resolvent. If you would like to take the legal route, I recommend you contact the casino's regulator or the European Commission (https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint_en) but I do believe that if the directive doesn't apply to the gambling, you not engaging with the service doesn't change that fact that the law can't be enforced here.

As it stands your withdrawal is still on hold pending verification. The casino has expressed concerns regarding the legitimacy of your documents. As per the casino's terms and conditions, Tonybet reserves the right to conduct additional verification procedures. We would strongly advise you to provide these documents.

I have sort legal advice and can confirm with absolute certainy in the eyes of the law and specifically EU consumer Law I very much do fall into the 14 day cooling off period and a refund is absolutely necessary under consumer law.

However, if we park all of that and simply focus on the facts of the case here (as from the end of your last message it appears this is still getting lost).

ALL MY DOCUMENTS were provided prior to depositing and ALL MY DOCUMENTS WERE VERIFIED BY TONYBET. This has been shown to you via the evidence I sent highlighting they had been approved. The casinos 'concerns' over the legitamacy of my documents did not seem to be a factor at this stage whilst they were coercing me to deposit. I highlighted to the casino I had NO OTHER FORMS OF ID, so it was important I was verified prior to depositing.

2 hours after depositing and after being told I would receive a bonus Tonybet UNVERIFIED ALL MY DOCUMENTS. They then sent me repeated messages requesting alternative ID, which as I have proven above, they were aware I did not/do not have.

Had Tonybet not verified all my documents and instead rejected them and requested additional documents, I WOULD NEVER HAVE DEPOSITED.

Nowhere in Tonybets terms does it state they can unverify documents, nowhere does it state they can keep a deposit, if said deposit hasnt been played, after verifying a player.

Even if Tonybet now has 'concerns' over the legitamcy of my documents they CANNOT just keep my deposit. They are legally obliged to refund me and close my account.

Surely you can see how illegal and unfair the casinos behaviour has been. I have no interest in playing here and simply want my deposit returned.

Your statement 'We would strongly advise you to provide these documents' ignores the evidence and chain of events here and also is not based in reality. I CANNOT PROVIDE THAT WHICH I DO NOT HAVE.

I have my passport and that is it. Tonybet were aware of this before I deposited when they verified the document.

So how can I receive my refund? What do Tonybet want me to do with the passport? Would they want a live call? Me to get it noterised at the post office? A sample of my DNA??? Birth Certificate?

I understand your frustration but I'm trying to get in contact with the casino to discuss this case further and help you refund your deposit. As I have stated we have no legal rights over the casino and can only try to help resolve issues by bridging the gap in communication between players and casinos. The most I can do in this matter is close this complaint as unresolved which will negatively affect the casino's rating but won't get your deposit back. Therefore I'd like to ask you to be patient with us while we investigate the matter further. I understand you have no other documents to provide therefore I will refrain from recommending you to provide any further.

I'd like to ask you if you have gotten any response from a licensing authority or any other legal institution. Furthermore, I have found that the casino is licensed by the Kahnawake Gaming Commission (complaints@gamingcommission.ca) so you can submit a complaint to them if you have not done so yet. Please keep me informed about any further developments.

Thank you in advance!

Thanks for your response.

I suppose where Casinoguru is concerned the next steps with Tonybet would be:

How can I receive my refund?

What do Tonybet want me to do with the passport which I haven't already done? (As per my evdience they actually asked for numerous selfies and passport pics which I provided and they verified for me prior to depositing, it wasn't like it was just one)

I will submit a complaint there now also.

The tax and customs of estonia is also waiting on a response from Tonybet for over a week. The court has also set them a deadline and according to my solicitors Tonybet have ignored them also.... I hope other players are seeing this.

Dear all,

 

We wish to reinstate our position stated on the 31st of July, 2023. Kindly be informed that the player’s withdrawal is still on hold pending verification. As per our terms and conditions, Tonybet reserves the right to conduct additional verification procedures.

 

Furthermore, we are cooperating with the relevant regulatory authorities as required by law.

 

Kind regards,

 

Tonybet.

Once again Tonybet has lied.

See the attached from Ranno at the relevant body.

Tonybet have also ignored all communication from my solicitor.

They also now have an active court judgement against them and they have ignored this.

They have also breached EU consumer law and criminal law in relation to theft.

Tonybet have also not commented on verifying and unverifying documents, coercing me to deposit, misrepresentation of sale, and ignored my questions above on how I am supposed to provide verification when my documents were already verified.

They also ignore me on email.

The casino is blatantly breaking the law. This is unbelivable!

*Note it is not a withdrawal. It is a refund. No games of chance have been engaged with by myself on the site.

Dear eliasfink, as you have provided evidence that you have contacted the licensing authority we will close the complaint for now as "waiting for decision from regulator". If there are any new developments to the case please email me at peter.c@casino.guru or request to reopen the complaint and we will update this thread accordingly.

Thank you in advance!

Dear eliasfink,
We hope you are doing well. We wanted you to provide an update regarding this case, which was previously marked as "Waiting for Regulator" on our website. Your complaint has now been automatically reopened, and we are eager to know if there have been any recent developments or resolutions since our last communication.
If the Licensing Authority has resolved your case and ruled in your favor, we kindly request you to update your complaint within the thread. Alternatively, if the ruling favored the casino, your input is equally valuable. We understand that some time has passed, but updating your complaint will allow us to take appropriate action, such as issuing black points to the casino in case the ruling is in your favor or warning other players and users about instances where the Authority supports the operator.
Thank you in advance for taking the time to reply.

Licensing authority ruled in my favour. Solicitor action resolve case

Dear eliasfink,

I'm glad to hear that the regulator ruled in your favor. I will now mark the complaint as 'resolved' in our system. 

Thank you for your cooperation, and please do not hesitate to contact our Complaint Resolution Center if you run into any issues with this or any other casino in the future. We are here to help.

Best regards,

Peter