Fansbet - responsible gambling/terms and conditions

Ruling

Declined - This player has already had a ruling on this matter from the MGA. As such we cannot assist them with this matter.

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Player's Complaint

Hello. I would like to see if you could help me with my case since legal actions would cost money and time and this casino group have violated terms and conditions which i accepted when registered and which are legally bound to both parties me and the casino.

I just feel that my case has not been properly reviewed and i only want answers to my questions that i have because i feel so strongly about my case that this casino took advatange of me by breaking their terms and conditions regarding probably the most important thing which is responsible gambling and have misled me.

Fansbet.com casino has ignored all my questions and have declined a refund of my deposits with the following answer:

"When an account is self-excluded, the only way in which this is re-opened is subject to positive communication between the player and the operator regarding the re-opening of an account and we firmly believe that an account is only opened if there are no Responsible Gaming concerns in accordance with the answers provided when attempting to re-open an account. "

Now they have broke their own terms and conditions and they have provided no answers to any of my questions or points i raised regarding my complaint. I have now summarised on this message my complaint and all the details and why i should all my deposits refunded to me from 25/10/2020 onwards.

On 25/10/2020 i self-excluded from fansbet.com which is a Rush Gaming Limited casino. I chose "forever" when i self-excluded which means permanently and i did NOT choose indefinite time period and i did not even have a option to choose indefinite time but it was only forever which means permanently.

On 07/03/2021 i tried to create a rushcasino.com account which is Rush Gaming Limited casino also but because i was permanently and forever self-excluded from fansbet.com already a automatic linkage self-exclusion was added to my rushcasino.com account when i tried to create that account there.

Then on 15/05/2021 my urges came back and i tried to find a casino to play on and i messaged fansbet.com if they could reopen my account. This should have never happened because when i self-excluded 6months ago from this casino i was assured then that my account would be permanently closed like it said and like i chose the "forever" option and i did this to protect myself then because of this gambling addiction. Anyway fansbet.com then replied that my accounts could be reopened with 7-day cooldown which i know on you're regulatory terms a "indefinite" period can be revoked after a 7 day cooldown but my self-exclusion was set forever which means permanently it should have been for life.

This is what it says regarding self-exclusions on fansbet.com and rushcasino.com

Please NOTE that your self-exclusion request will apply to all your accounts on all of the Operator’s Websites."

If you wish to self-exclude please do so by logging into your User Account, and going to “My Profile”,” Profile”, “Self-Exclusion” and choose a period or the option permanently."

You can self-exclude by selecting the time period during which you'd like to be excluded & then click confirm

Please note that self-exclusion means automatic termination of your account access for a certain period of time with no option of reversal prior to its expiration

Clearly you can see these terms and conditions say very clearly that i can choose a permanent self-exclusion which i did i have attached a screenshot of the self-exclusion page where it can be seen that "forever" was the only option there was no option for me to even choose "indefinite" time period and my account should have been self-excluded permanently with no option to revoke my self-exclusion like i though when i first time self-excluded from fansbet.com This self-exclusion should be inplace from 25/10/2020 onwards on both fansbet.com and rushcasino.com accounts because their self-exclusions apply to all casinos operated under the same license Rush Gaming Limited.

As adverbs the difference between indefinitely and forever

is that indefinitely is for a long time, no end defined while forever is (duration) for all time, for all eternity; for an infinite amount of time.

It was clearly written self-exclusions cannot be removed or revoked prios to its expiration date and that it will be applied across all casinos under the Rush Gaming Limited brand.

MGA's decision on the case was this:

- "Please be informed that the operator followed the directive and all the procedures and the removal was carried forward after a formal reopening request from your side. The account was re-opened after a seven day cool off period which is in line with THEIR Terms and conditions and also from the Player Protection Directive"

Nowhere in the fansbet.com or rushcasino.com terms and conditions does it say that self-exclusions can be removed or re-opened after a seven day cool off period which you base you're decision with. Infact it says self-exclusion cannot be revoked or removed untill the time period of the self-exclusion has expired which in my case was forever meaning until the end of times. The 7-day cooldown period is for indefinite self-exclusions and that is from the regulatory terms and conditions of MGA but on rushcasino.com and fansbet.com terms and conditions nowhere this can be seen so they have misled me and try to take advantage of vulnerable people like me. My only intension ever was to try and protect myself because i know how i am with gambling but the casino did not act based on their terms that was written in clear english regarding self-exclusion and responsible gambling and also they did not offer any reason to put when you choose to self-exclude but they do say that self-exclusion cannot be removed prior to its expiration date.

Now lets quote this one from the MGA's regulatory directive:

"Terms and conditions shall be readily available and accessible to player at all times, including before registration, and shall be written in clear, legible and intelligible language"

"All terms and conditions shall always at the very least be provided in either the English and/or Maltese language, and in the case of conflict with any other versions, the version which is most beneficial to the player shall prevail."

As adverbs the difference between indefinitely and forever

is that indefinitely is for a long time, no end defined while forever is (duration) for all time, for all eternity; for an infinite amount of time.

My self-exclusion was set "forever" which again does not mean "indefinitely". In english language forever means until the day i die endless amount of time. I can provide a proof me logging in on my fansbet.com account my name can be seen there logged on the self-exclusion page. There is no "indefinite" choice to even start with it is "forever".

The MGA regulatory rule that Rush Gaming Limited quoted regarding decision is this:

11 (10) A notice by the player decreasing a definite period of self-exclusion shall be effective only after the lapse of not less than twenty-four hours from the day on which the B2C licensee receives the notice, and a notice by the player revoking an indefinite period of self exclusion shall be effective only after the lapse of not less than seven days from the day on which the B2C licensee receives the notice.

Now that rule is irrelevant in my case i chose to self-exclude forever NOT indefinitely on fansbet.com which should have been added to my rushcasino.com account aswel and its also clear there was no choice for me to choose indefinitely but it was forever instead.

Rush gaming limited offered a permanent self-exclusion where i chose the "forever" option like it says on their terms and conditions and i have a screenshot proof of this which means this self-exclusion should have never be lifted i was assured by it because i read the terms and condition that they have set up and are clearly written there that i am now safe and i cannot access my account ever again on their casinos but this was not the case they have reopened my account and ignored their own terms and conditions.

To this day they have ignored my complaint not handled it with care and totally just ignored my fansbet.com self-exclusion and their own terms and conditions.

The thing about this complaint is that the fansbet.com self-exclusion on 25/10/2020 was set permanently NOT indefinitely so the rule they quoted to my case should not be applicable in my case because their terms and conditions say that self-exclusions carry to all properties of the licensee and self-exclusions cannot be revoked or removed prior to its expiration date which in my case was set forever which means it should have never been reopened under any circumstances and all my bets should have been voided on their casinos from that date onwards and i should get a refund of total net loss of 463,01e.

In my case clearly the casino broke their own terms and conditions which i accepted and agreed upon when i registered and can be seen written in clear english.

I can message you all the evidence i have and all the decisions that i have got from the casino and the proof of the terms and conditions that are clearly written in english language regarding self-exclusion and responsible gambling.

I thank you for you're time and wish you a safe rest of the year.

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