N1 Casino - Refund for losses in player account
Ruling
Declined - We do not pursue refund of losses based on lack of license. If your government cannot enforce its restrictions there's no chance we can.
Read our N1 Casino Review.
Player's Complaint
Subject: Refund for losses in player account [EDIT]
Dear Madams and Sirs,
I have the player account [EDIT]. Meanwhile, I have lost 70 Euros under this player account. I have recently found out that your service is illegal in Germany. Therefore, I ask you to refund my losses.
Until 30th of June 2021 online-gambling was completely illegal in Germany according to § 4 Abs. 4 GlüStV. The possible exceptions for Schleswig-Holstein don’t apply to me as I don’t live in Schleswig-Holstein.
Since 1st of July 2021 online-gambling in Germany is only legal with a German license – and to my knowledge you lack this license.
This means that the participants-contract and your general standard terms and conditions, on which my playing on your platform was based, are void according to German law (§ 134 BGB). This is not a violation of European law as the European Court of Justice (C-46/08) and the highest German court for civil law (I ZR 199/20) have already made clear.
Please transfer the sum to my bank account until [EDIT].
[EDIT]
Should the refund not be paid in time and in full I will hand the matter over to a specialized lawyer, which can cause additional costs to you.
Kind regards
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Hi Pedro Rodrigeuz - welcome to ThePOGG.com!
Unfortunately there is nothing we can do to help you in this instance. 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.
Sorry we cannot be of further help.
ThePOGG