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Diamond Club VIP – Mismanaged Bonuses

Ruling

Found for the Casino - This player is looking for money back, claiming to have been misled by information that they were given by support staff AFTER they'd already breached terms.

Read our Diamond Club VIP Casino Review.

Player's Complaint

Over the period between the 19th to the 21st June 2018 I deposited 1,678 Euro with Diamond Club VIP. An automatic bonus was applied to these amounts which is not in dispute (other than I believe that bonuses should be opted into rather than automatically applied).

Throughout this period I played Caribbean Poker and at one point had almost 7,000 Euros in winnings. At this moment I tried to withdraw this amount and found that I couldn't. Speaking with the online chat team I was informed that on this particular table game only 10% of the wager counts towards the bonus that was applied and that I would have to continue playing until this condition was met.

After betting more than 148,000 euros I still seemed unable to withdraw and was then informed that because I had not cleared my balance from the previous day (0.68 euros was still in my account when I started) that the bonus from that occasion was also being applied.

When I reviewed the terms and conditions of the bonus I could not find anything about the 10% rule for table games that I had been told about. I complained about this situation to the casino through their complaints procedure I was then told on the 4th July that:

QUOTE: Please be advised that it is true there is no 10% rule on this casino and the agent was mistaken with regards to this rule. Therefore you are correct that the rule does not exist on the Casino terms and conditions.

I was then informed that in the terms and conditions:

QUOTE: You will not be permitted to withdraw your winnings if you choose to play a game which is not a slot machine using your deposit bonus/winnings/comps/ in any case.

Therefore, it seems that by having a bonus and playing Caribbean Poker I would never have been able to withdraw my winnings.

If bonuses only apply to such a specific game type why does their system allow other games to be played without warnings or removing bonus funds before play.

This left me completely confused as on one hand I was told by the online chat team about the 10% rule and then when complaining I was being told that actually I shouldn't have been playing that table game with a bonus.

This left me confused as clearly this 10% rule was being applied during the course of me playing the game (hence why I could withdraw funds), yet I was being told something completely different when complaining.

So far I have not had a satisfactory answer from the casino regarding this matter.

I hope you can help me resolve this matter.

Sincerely,

[EDIT]

Read the casino review

8 Responses

ThePOGG
Jul 18, 2018

Hi jonathan7799 - welcome to ThePOGG.com!

Unfortunately there's nothing we can do to help you in this instance.

Firstly you should be aware that as a UK citizen you should not be playing with any operator that does not hold a UKGC license. Diamond Club VIP do not hold a UK license and as such are breaching UK law by accepting your play.

With this specific situation Diamond Club VIP do carry the following term:

"Bets placed on all games other than slot machines will be deemed a violation of the terms and conditions, your bonus and winnings will be voided."

While I appreciate that casino support may have given you incorrect advice at the point where you were given this advice you clearly had already violated this term. In other words, it wasn't the incorrect information that you were given that caused the violation. As such there would be no grounds for us to argue for the return of your funds. All I can suggest is that in future you ensure that you read the terms and conditions associated with any promotion you accept.

Sorry we could not be of further help!

ThePOGG

jonathan7799
Jul 18, 2018

Thank you for your quick response.

Here is my issue with it.

All deposits come with an automatic bonus (you actually have to email to have this automation removed).

If ALL deposits come with a bonus then why do they allow you to play any other game than slots?

Surely, there should be some mechanism in their website that allows you to make a deposit and play any game you wish (even if a bonus is applied)?

But to allow you to play for hours on a game and then turn around and say, sorry but you shouldn't have been playing it with a bonus (which they automatically applied) seems like just getting out of paying you any winnings.

Isn't the onus on the casino to only allow you to play games you are eligible for?

Many Thanks,

[EDIT]

jonathan7799
Jul 18, 2018

I would completely agree with your statement if a) bonuses were not automatic or you could opt-out on making a deposit and b) if their website allowed you to play other games but removed the bonus funds or warned you in advance.

None of the above is the case.

[EDIT]

ThePOGG
Jul 18, 2018

Hi jonathan7799,

Firstly, accepting a bonus is passive in nature. You accept the bonus when you see it in your account and do not ask for it to be removed. "Acceptance" by definition does not require action, it required lack of action. Even within the UK license operators are allowed to add bonuses to your account that you qualify for automatically and the onus falls to the player to contact support to get them removed if they do not wish to "accept" the bonus.

Secondly, while I agree it would be nice if all operator automatically prevented you from playing the games or placing bets that would violate bonus terms, as almost all operators are running on multi-platform systems now - offering software from a lot of different providers - the practical implications of compiling a system that can integrate with all of these different softwares is substantial. Again even within the licensed UK market this is not currently required and very few operators have this sort of infrastructure in place.

Thanks,

ThePOGG

jonathan7799
Jul 18, 2018

So, the fact that when I asked their online chat team why I couldn't withdraw and was told because of a 10% wager rule (that turned out to be false) rather than being told I shouldn't be playing the game at all (due to the bonus) isn't sufficient grounds for concern? Surely they should have informed me that I couldn't withdraw because I wasn't abiding by the Ts and Cs and advised me to stop at that point?

In fact they told me to continue playing until my wager requirements on the bonus had been met.

Surely this type of mis-information could be legitimate cause for complaint?

[EDIT]

ThePOGG
Jul 18, 2018

Hi jonathan7799,

It would be grounds for a complaint had it lead to the the confiscation of the balance. For instance, depending on the circumstances, if you had been advised before you played that you could play Caribbean Poker then that advice could be viewed to have led you to make the breach of terms. The facts here are that the advice about Caribbean Poker counting as 10% didn't make any difference. Even telling you directly at that point that you could play Caribbean Poker wouldn't have made any difference. The advice came after the fact of your violation and as such could not be considered to have had any bearing on your decision to play a game that was restricted by terms.It's not good practice and the support agent should certainly be retrained, but it does not provide grounds to argue that you should be paid.

Sorry,

ThePOGG

jonathan7799
Jul 18, 2018

Hi,

During the chat session the operative gave me specific count-down figures of how much more I needed to wager in order to qualify. On two or three occasions during the 20th to the morning of the 21st they gave specific amounts. How could they do this unless a rule was being applied? Surely this is very misleading information regardless of their other terms and conditions. They must have got those figures from somewhere...

I also made further deposits on that occasion oblivious to the fact that I was in breach of terms because I had been told about the 10% rule so was unaware every time I made a further deposit.

If they had made me aware I would have used the deposits/bonuses on eligible games.

The fact is I was completely misled.

Regards,

[EDIT]

ThePOGG
Jul 20, 2018

Hi jonathan7799,

You were NOT misled. To have been mislead you would have had to be directed to take action that would have led you to the breach of terms. You had breached the terms before you ever contacted support.

Yes you were given flawed information AFTER you had already breached the terms in a manner that meant you were not going to get paid. But this flawed information made no difference what-so-ever as you'd already breached the terms meaning you weren't going to get paid.

Ultimately this support agent's mistake - which likely occurred from representing several different casinos with several different rule sets at the same time - hasn't made any difference to the outcome. So whether or not you consider yourself to have been mislead makes no difference.

I'm sorry but I've given you a very clear explanation of our position on this issue and there's nothing further we can do to help you.

ThePOGG

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