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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

Read the casino review

1 Responses

User icon
thepogg
December 3, 2021

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

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Pedro Rodrigeuz 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:

December 1, 2021

United Kingdom country flag

The United Kingdom of Great Britain and Northern Ireland sits to the north-west of mainland Europe. The United Kingdom shares a border with The Republic of Ireland and has coasts on the Atlantic Ocean, Celtic Sea, North Sea, Irish Sea and English Channel. The population of the UK is approaching the 67.6 million mark leading to a fairly densely populated land mass. The gambling sector in the United Kingdom is entirely regulated and licensed by the UKGC – the United Kingdom Gambling Commission. Should players resident In the UK wish to gamble with foreign based operators there is no history of this being treated as a criminal offence, but high levels of protection exist for UK residents playing with UK licensed operators.