Osiris – Not paying winning
Found for the Player - At the time of occurrence Osiris casino were licensed in Malta. After review by the Malta Competition and Consumer Affairs Authority (MCCAA) it was determined that the terms used to justify non-payment of this player are likely unenforceable under EU law. The MGA has instructed the operator to pay this player. The operator has declined to do so.
Since the point this complaint was submitted this group have turned in their MGA and shifted to a Curacao license. They continue to apply and enforce this term under their new license.
The communication that was shared with us from the MCCAA relating to this case is as follows:
"The term in question may indeed be regarded as unfair in accordance with article 44 and 45 of the Consumer Affairs Act, particularly with regards to articles 44(2)(g) which regards as ipso jure unfair any term which requires the consumer who fails to fulfil his obligations under the contract, to pay to the trader as compensation a sum which is disproportionately high to the value of the goods or services purchased or hired. Moreover, the compensation for the breach of obligation is not commensurate to the ‘harm’ caused to the trader and if all the money in the account is withdrawn as a result of the non-compliance with this term, this would mean that for the same act of ‘irregular play’ a consumer with 2,500 euro in his account would sustain a greater loss than say a person with 200 euro in his account even though both have been found ‘guilty’ of the same violation against the terms of the contract. In the light of the above, I would say that there are sufficient grounds on which such term could be regarded as unfair in terms of article 45 of the Act."
Hello, I signed up and played at Osiris casino on the first of April 2015. I got very lucky and managed to have a balance of over 5K, they proceeded to making me sign forms, they asked for a bill, ID, bank statement. When I provided all the documents they replied that the account was approved and the finance department would get in touch with me.
Since then it has been 3 weeks with no email response. I tried contacting them again and kept getting the same answer, that I would be contacted from the finance department.
Last week I was told that my account manager ([EDIT]) would contact me within 24h for an update on my account, yet he did not. When I tried to go on chat, I was told he was in the office but in meeting all day and would not be able to help me. I proceeded to tell the chat rep that I was gonna get help online and make a formal complaint to this case. 5 minutes must have gone by and I received a call from [EDIT] himself. After a short chat he told me that they were going threw changes in their department and that is what caused the delay with my withdrawal. He also said I cancel my withdrawal and proceed to make a 2500 withdrawal and he would approve it instantly since my account had already been verified. He advised I play a little more with the rest of my balance, but once I got the email saying my withdrawal was processed I could go ahead and request the other withdrawal.
I took his advice and cancelled my withdrawal and requested a 2500 instead. Played a dozen hands playing blackjack (without a bonus) and lost a few hundred off my balance and decided to stop before I lost everything. The email was not sent instantly approving my withdrawal but the next day. Although there was a delay, I was still happy to know that [EDIT] was a man of his word and had done what he promised. I then went to withdraw the remaining balance on the account. The next morning(today) I get an email from Osiris saying that withdrawal has been denied and that all my winning have been confiscated for irregular play. I logged into my account this morning and my balance was gone.
This is a situation I cannot win alone, I am sure of this. My account has been verified for over 3 weeks now, and approved for withdrawals. Everything was in good standing with my account and the only way the finance department replied to me was when I told them I was gonna make a complaint. Now I understand that there are always changes made at different businesses and I am not doubting that, there could have been a delay because of this. I am also very appreciative of [EDIT] who personally called me to take care of the situation and did very quickly. What I don't understand is the choice they made at the end giving me some vague reason about irregular game play, when I made sure to respect all the terms they have on their website.
Please help me contact [EDIT] or someone at Osiris and have them pay me my winnings. I did nothing wrong here, and I am honestly upset with the daily chat sessions and emails I wrote that were ignored until now. Please help me claim my winnings, it is more than life changing for me.
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