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
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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