the casino said that they had the licence which they are accepting players from Austria, which they absolutely dont have and i have every right to get my deposits minus the winnings back.
Because with my registration, and not notifying me or even that it said that Austria is not allowed, therefore they refused their own T&C and allowed the players to play there, they should block every IP from Austrian players. They knew right from the start of registration that i was from Austria, and they are stating :
if it becomes apparent to them that iam a resident in a country in which the use of the Website is not legal they have to immediately close my account. Which they didnt do, and allowed me to deposit somewhat of 9000-10000€ , ( 5000€ if you do minus the winning) , and play there for over 5 months at which i found out alone that iam not allowed to play there and it is ilegal for them to let me play.
Section 168 of the Austrian Criminal Code (Strafgesetzbuch, "StGB") includes a prohibition on organising and/or promoting gambling without a licence according to the GSpG. Section 52 GSpG also contains a catalogue of administrative criminal offences subject to fines of up to EUR 22,000 or even EUR 60,000 in case of the provision of illegal gambling.
I have tried to be in contact with a Casino but with no luck of more information, it is still 20 days ago that i requested my deposit lists and i have not yet received them, and the Casino said that we will be continuing this conversation on Casino Guru. So…This law is in Austria applied. Sorry if it is in German but that is the statement.
Das Monopol zum Anbieten von Onlineglücksspielen liegt bis zum Jahr 2027 bei win2day, einer Tochter der österreichischen Lotterien. Alle anderen Betreiber – darunter auch bwin – bieten ihre Online-Glücksspiele in Österreich ohne Lizenz an, das Finanzministerium klassifiziert diese Unternehmen auf profil-Anfrage wörtlich als „illegal".
And continuing to state their therms of Use:
21.2 Where You are in breach of the Terms of Use, we may at our sole discretion, prior to any suspension or termination of Your Account, notify You (using Your Contact Details) that You are in breach, requiring You to stop the relevant act or failure to act, and/or requiring You to put right an act or fault on Your part and warning You of our intended action if You do not do so, provided always that such notification shall not be a pre-condition to any suspension or termination of Your Account.
I wasnt even once contacted about it, nor did anyone notify me that its illegal to use their Website, and upon asking about it i was immediately blocked and suspenden ( ofcourse) and received a reply 3 days after, not even stating that they were in the wrong and nor apologizing to me.
Continuing:
CONTRACTING PARTIES
3.1 We may need to change the Terms of Use from time to time for a number of reasons, including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. The most up-to-date Terms of Use can be accessed from the Terms and Conditions link in the footer section of the Website, and the date on which they will come into force is noted in paragraph 1.8 of these General Terms.
They upon this Term changed the regulation and deleted it completely out of their T&C which states ( with screenshot):
8.3 If it becommes apparent to us that You are resident in a country in which the use of the Website is not legal, we have to immediately close your Account.
That statement applied to me all through this time, and they allowed me to Register, Verify me through ID and Adress which clearly stated that i live in Austria, allowed me to deposit fairly said more or less around 5017€ ( minus the winnings ) .
And this T&C Statement screenshot was made on 29.11.2023 09:20.
With that in mind, my account was blocked upon notifying the VIP Manager about the illegal use of the website, and that was on 15.11.2023 21:18 ( Austrian time) , in which i was stating that it is illegal to use their website from my country,
IF it is Legal, i wouldnt be blocked and would be notified that everything is in Regulation and according to laws, in which case i would be able to continue gambling there normally. ( Which of course they know it is Illegal ),
and here i must provide the Chat Messages with Live Support stating that, the use of their Website is Legal in Austria in which case they know it is Illegal and know about it and breaching their own T&C therefore
misleading the players
. ( Screenshots of 28.11.2023 at 22:11 - Austrian Time)
