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Spinia - Refunds

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 Spinia Casino Review.

Player's Complaint

Dear I made deposit of 1200€

Verwendungszweck mentioned the euslot casino

I don´t know where this money is gone.

N1 said Ihad a registration in spinia casino.

I have claimed the refunds from spinia casino, but no answer

Request for a refund of the money that has been placed and used on the gambling account with the e-mail-adress [EDIT]

Dear Sir or Madam,

I have an online gambling account on your website megarush.com with the e-mail address [EDIT] . I have placed the following gambling payments on this account: 1200€

You can find my detailed account history in the attachment.

I have made the aforementioned gambling payments to you without legal cause, as the contract for participation in the online gambling operated by you is void according to § 134 of the German Civil Code (BGB) in conjunction with § 4 IV of the German State Treaty on Gambling (GlüStV). Pursuant to § 4 IV of the German State Treaty on Gambling (GlüStV), organizing and brokering gambling on the Internet are prohibited. This was decided by the Gießen Regional Court in its ruling of January 21, 2021 (Case No. 4 O 84/20).

In this regard, the internet ban regulated by law in § 4 IV of the German State Treaty on Gambling (GlüStV) is also in line with Union law, as the Cologne Higher Regional Court only recently confirmed in its ruling of May 10, 2019 (Case No. 6 U 196/18) with reference to the case law of the Federal Administrative Court (ruling of July 27, 2016 - Case No. 8 C 18.16).

Reclaiming the amount I have paid is not excluded as per § 817 senntence 2, halfsentence 2. of the German Civil Code, as the application of this legal rule is to be limited teleologically. An exclusion of the reclaim is not compatible with the purpose of the prohibition law if the illegality of the transaction is based on regulations that are intended to protect precisely the performing party, which in this case is the player (Gießen Regional Court). In its ruling of November 10, 2015 (Case No. III ZR 72/15), the Federal Court of Justice emphasized that the application of § 817 sentence 2 of the German Civil Code (BGB) should not lead to an immoral situation being maintained and unlawful conduct being promoted as a result of the exclusion of the right of refund. However, this would be precisely the case if a refund would be excluded, as this would create an incentive to continue offering your illegal gambling services. This immoral state of affairs would be perpetuated by an application of § 817 sentence 2 of the German Civil Code (BGB) and would not comply with the protective purpose of the German State Treaty on Gambling (GlüStV) in § 1 sentence 1, in particular Number 1, 3, and 4. The regulations are intended precisely to protect gambling participants from addictive, ruinous and/or fraudulent manifestations of gambling.

According to this, a claim for repayment of my gambling stakes results in accordance with § 812 I sentence 1, first alternative of the German Civil Code (BGB).

Furthermore, I am also entitled to reimbursement pursuant to § 823 II of the German Civil Code (BGB) in conjunction with § 4 IV of the German State Treaty on Gambling (GlüStV).

Pursuant to § 823 II of the German Civil Code (BGB), you are also liable for compensation as a result of the violation of the above-mentioned protective law. § 4 IV of the German State Treaty on Gambling (GlüStV) is a protective law, as player protection is mentioned as an explicit objective of the State Treaty on Gambling in § 1 No. 3 of the German State Treaty on Gambling (GlüStV), the implementation of which is precisely what § 4 IV of the German State Treaty on Gambling (GlüStV) has in mind (Explanatory Notes on the German State Treaty on Gambling, p. 18).

I therefore request you to refund the full amount of the payments I have placed in the total amount of 3000€ Euro in accordance with § 812 I of the German Civil Code (BGB) or § 823 II of the German Civil Code (BGB) in conjunction with § 4 IV of the German State Treaty on Gambling (GlüStV).

Please transfer the full refund amount to the following account:

[EDIT]

If the refund is not made in time and in full, I will be forced to hand the matter over to a lawyer and take legal action against you.

Read the casino review

1 Responses

User icon
thepogg
August 17, 2021

Hi Rainer1904 - 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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Agreement

Rainer1904 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:

  • Spinia
  • Malta Gaming Authority
  • N1 Interactive Ltd

August 15, 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.