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Bob - Unfair terms for terms and conditions

Ruling

Resolved - A bug in the cooling-off system at Bob Casino resulted in this player being shown the wrong end date. Their deposits have now been refunded.

Read our Bob Casino Review.

Player's Complaint

according to malta gambling laws the terms and conditions to the disabling of cooling down is not clearly explained in the terms and conditions on the bobcasino website

(Malta gambling law) "Unfair Terms Criteria for terms and conditions. 10. (1) Operators shall ensure that the terms and conditions applicable to the provision of their gaming service are intelligible and easily accessible, and that changes thereto are made in a fair and transparent manner, and that players have explicitly accepted the latest version of the terms and conditions before being allowed to start or continue being the recipient of a gaming service. (2) Where any provision in such terms and conditions is ambivalent, or any reasonable doubt arises as to the meaning thereof, the interpretation most favourable to the player shall prevail. Unfair terms. Cap. 378. 11. Operators shall ensure that the terms and conditions applicable to the provision of their gaming service are not unfair in terms of Part VII of the Consumer Affairs Act. "

the following text is the only text explaining cooling down in the terms and conditions on bobcasino.com.

"NEED A BREATHER?

Cooling-Off Limit. You can set a Cooling-Off Period for 1 week, 1 month, 3 months, or 6 months. While the limit is active you cannot deposit to the Casino and you will be excluded from all promotional offers, although you may withdraw the remaining funds during this period. The Cooling-Off period is applied to your account immediately. Upon its expiration your account will automatically be re-activated."

My complaint is the folowing; i activated cooling down and then added time to the period 2 times. As you can see below one activation is for less then the agreed period oF time. That is because i was able to cancel the cooling down period. Buth nothing was mentioned about the option to cancel in the terms and conditions on the website when i registrated and agreed to. Because i was given false information and lost 1997 eur in the timeframe i agreed to cool down i want my money back, and the information on the site added for future players. ((What is a cooling down if you are able to cancel it ???))

Cooling Off

Disabled

1 Week - -

2019-08-09 21:00:19

2019-08-01 19:24:09

Cooling Off Disabled 3 Days - - - 2019-08-01 19:24:09 2019-07-31 09:28:34

Cooling Off Disabled 3 Days - -2019-07-31 05:49:57 2019-07-28 05:49:57

Read the casino review

3 Responses

User icon
ThePOGG
August 23, 2019

Hi the-player68918082 - welcome to ThePOGG.com!

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.

If you have any questions about the above, let me know.

With regard to your complaint - we will need to seek clarification from the regulator in this instance. As such you should anticipate delays.

Thanks,

ThePOGG

User icon
ThePOGG
September 6, 2019

Hi the-player68918082,

I've now discussed this issue with Bob Casino.

On the 28/7 at 05:49:57 server time you requested a 3 day cooling off period. This ended at the same time on the 31/7. No transactions took place on your account during this period.

On the 31/7 at 09:28:34 server time you again requested a 3 day cooling off period. On the 1/8 19:24:09 you extended your cooling off period by a further 7 days. This resulted in your 3 day cooling off period being disabled and a 7 day cooling off period being activated which would conclude on the 8/8 at the same time. Again during this full period no deposits were allowed on your account.

As such there has been no failure in the cooling off period and this instance. Each cooling off period was managed correctly.

Thanks,

ThePOGG

User icon
ThePOGG
September 20, 2019

Hi the-player68918082,

Thanks for your email. I have tested the cooling off system in place at Bob Casino myself and can confirm that it has malfunctioned in the conclusion data displayed (the date would not be correct even if the system were to add the cooling off periods - there was a clear error here).

I've discussed this with the operator and they have agreed that your cooling off period should cover the full 10 day period even if that was not how the intended to function.

My understanding is that a refund will be issued shortly. We would appreciate it if you could confirm when you receive these funds.

Thanks,

ThePOGG

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Agreement

the player68918082 consented for ThePOGG to act on their behalf and share the personal information that they provide to ThePOGG with the following agencies for the purposes of resolving their complaint:

  • Bob
  • Curacao eGaming
  • Direx N.V.

August 23, 2019

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