The player's requesting a refund as her self-exclusion failed. The complaint was closed as the player stopped responding.
Vulkan Vegas Casino - The player's requesting a refund.
Amount: €1,000
Vulkan Vegas Casino
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Case closed
Our verdict
Player stopped responding
REJECTED
Case summary
1 year ago
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1 year ago
Translation
Ladies and Gentlemen
I drew the attention of Vulkan Vegas Casino to my gambling addiction on February 23rd, 2023.
Nevertheless, I was able to gamble away another 1000 euros in the casino on February 27th, 2023.
The processing of the email took far too long and, in my opinion, was pushed to the back on purpose.
Best regards
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1 year ago
Hello maltehindemith,
Thank you very much for submitting your complaint and I'm really sorry to hear about your issue with Vulkan Vegas Casino. Please allow me to ask you a few more question before we would move forward.
Could you please advise if your account is already verified and if yes, since when exactly? When did you mention gambling addiction and in what exact way? When was the last time you spoke to the casino and what was it about?
Please note that the e-mail you forwarded states that you are in a control of your gambling addiction.
Looking forward to your answer.
Regards,
Nick
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1 year ago
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Thank you for your reply.
I'm verified, but I can't tell you the exact date anymore.
In my opinion, the statement whether you have the addiction under control or not is irrelevant. A player who is addicted and still plays does not have it under control. Especially not in total. The casino should also be aware of this if they really want to protect the player.
The casino no longer responds to emails from me, I last tried on 03/23/2023.
Best regards
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1 year ago
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In addition, on February 2nd, 2023 I asked for my limits to be deleted. The support then asked if I was suffering from gambling addiction, which I didn't answer. In my opinion, a spree should have started there before support received an answer from me.
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1 year ago
Hello Nick,
We'd like to confirm that our managers blocked the account immediately (on 27.02.2023 17:03:08 (UTC)) as soon as they heard about the gambling issues. The player started the conversation with the request of bonus, when the last one was not granted he mentioned the gambling addiction, so the red flag was triggered and the responsible gambling duties were in action.
Kind regards
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1 year ago
Hello maltehindemith,
Is there any proof that would show that you have mentioned gambling addiction 23.2.2023?
If not, we will be forced to close the complaint as the casino closed your account right after you mentioned gambling issues on 27.2.2023.
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1 year ago
Translation
I quote the text from the email again.
There I often mentioned that I suffer from gambling addiction!
"
Ladies and Gentlemen
I paid very large sums of money through a game of chance organized by you illegally on the Internet. A total of 4870 euros.
Accordingly, these are fees for public games of chance on the Internet.
I now have my gambling addiction under control and know how to deal with it.
Organizing and arranging online games of chance is prohibited under Section 4 (4) of the GlüStV. "(4) Organizing and arranging public games of chance on the Internet is prohibited." (§ 4 Para. 4 GlüStV) This prohibition is also compatible with constitutional and Union law. As early as 2009, the ECJ confirmed that the ban on online gambling is compatible with the freedom to provide services protected under European law in accordance with Art. 49 EC. In this judgment, the ECJ first stated that the online gambling ban naturally restricts the freedom to provide services. However, this restriction may be justified for overriding reasons of public interest. The ECJ sees such compelling reasons of general interest in the fight against crime. (ECJ, judgment of 08.09.2009 -C 42/07-)
It was only because of my illness that I paid you such high amounts during the period in question. I know again a judgment of LG Gießen, judgment 01/21/2021 - 4 O 84/20 and a judgment of the district court Regensburg of 05/31/2021 (Az.: 71 O 3074/20)
It is therefore impossible for me to legally register on your website and make such high contributions. This is reinforced by my gambling addiction. This obliges you to pay back my full losses. Quote from the LG Traunstein on October 8th, 2020: The plaintiff can also base his claim on § 812 paragraph 1 sentence 1 BGB, since his payments to the defendant were made without legal reason. The contract for gambling on the defendant's Internet domain is void under Section 134 of the German Civil Code, since the organization of public gambling on the Internet is prohibited under Section 4 (4) of the 1st State Treaty on Gambling Amendments. Whether this game of chance is permitted at the defendant's place of business is irrelevant, since German law is applicable. Since it is a prohibited game of chance, § 762 paragraph 1 sentence 1 BGB, according to which the payment made as a result of a game cannot be reclaimed, is not applicable (cf. Palandt/Sprau, BGB, 79th ed. 2020, § 763 edge 3).
Also, as you know with certainty, the case law in Germany is always clearer and leaves no room for doubt about my key points.
I have no doubt that my demand for reimbursement from you was successful in a German court.
My gambling addiction and your lack of player protection make things more difficult for you .
If I do not receive a response from you by March 6th, 2023, I will hire a specialist lawyer to file the lawsuit. This step is then essential. The fact that this lawsuit is successful has already been confirmed without a doubt by several legal entities.
I can enclose a copy of a certificate of my addiction and its advice if required.
Best regards "
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1 year ago
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I would like to mention again that in my memory the support on March 27th refused to close my account, maybe VulkanVegas can provide the entire protocol?
Edited
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1 year ago
Dear maltehindemith,
"I now have my gambling addiction under control and know how to deal with it."
Even you mentioned that you have your gambling addiction under control so how could anyone consider it as you still have it?
Also the e-mail contains only laws and paragraphs which is not a request. You have to make a simple request for self-exclusion mentioned that you "currently" have gambling addiction and not endless texts with text which is not related to the casino at all.
