Betamo - money back
Ruling
Found for the Casino - You are responsible for your own actions and your own state of intoxication. This is not sound grounds to look to invalidate play when you lose.
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Player's Complaint
Hello,
I was drunk yesterday so I deposited € 80 on the website against my real will. In retrospect, I would never have done that if I hadn't been drunk, so I'm asking for a refund. In addition, the service is forbidden according to EU guidelines and I should never have deposited money on the site. Therefore I ask for a repayment of my money in the amount of 80 €.
Sincerely
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Hi gigPeter - welcome to ThePOGG.com.
Please ensure you have read our Complaint Guidance to ensure that fully understand how our complaint management process functions.
As we are the ADR for the N1 Interactive Ltd license under the Malta Gaming Authority license there is certain information we have to provide you now.
You can find all the relevant information about this service here – http://thepogg.com/terms-of-use/ and the terms of use for our complaint service here - https://thepogg.com/terms-of-use-for-dispute-resolution-service/
To summarise.
– Use of this service does not preclude your seeking redress through court proceedings .
– This service is free to use for both the complainant and operator.
– At any point during the procedure the submitting party retains the right to withdraw their complaint. This does not preclude our right to continue the discussion with the involved operator of general issues related to the complaint (i.e. insufficiently clear terms and conditions).
– You are not obliged to obtain independent or legal advice or representation, though you may choose to do so.
Sadly there is nothing we can do to help you in this instance. You are responsible for your own state of intoxication and the decisions you make while intoxicated.
If you were to go and see a film while intoxicated, or purchase and consume a meal, you could not go back the next day and look to claim a refund on the basis that you 'would never have gone to see that file/ordered that meal' had you been sober.
Furthermore, gambling is a situational based contract. It is based on the unknown result. Once that result is known by both parties, the contract cannot be voided and the parties cannot be reset to pre-contract conditions. The reality here is that had you won from your gambling transactions, you would not at this stage be here insisting that the operator take back your winnings because you were intoxicated when you played. The reality is that your actions in this instance have been influenced by your knowledge of the outcome of the gambling transactions.
Finally, no remote trader is ever going to be able to reasonably assess your state of intoxication, nor would a self-diagnosed state of intoxication be grounds for a refund after the fact of a loss on this basis. Otherwise any player that plays and loses could claim to have been mentally impaired at the time of play and look to force a refund.
As to your claims regarding the operators right to function in your country - as explained in our Complaints FAQs we do not pursue refunds of losses based on lack of license. If your own government cannot prevent unlicensed operators from accepting their citizens, there is no possibility of the operator offering a refund simply on the basis of us asking them to.
You may find our free Responsible Gambling app BetBlocker useful. It allows users to restrict their internet capable devices from accessing over 12k gambling operator websites for between 24 hours and 5 years.
Sorry we could not be of further help.
ThePOGG