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Orient Xpress Casino - Unjustified confiscation of Winnings

Ruling

Found for the Player - Our understanding is that imposing maximum bet terms on non-bonus play breaches EU consumer law, but having discussed this issue with this group previously they will not change their position.

Read our Orient Xpress Casino Review.

Player's Complaint

I played on orient Xpress Casino and made two deposits of 100€ each. Lost the first 100 and was able to play my balance up to 3000€+.

After successfully verifying the KYC I made a withdrawal of 3000€. The next day I got a call that told me that I was overbetting because of the 30% max bet rule and my winnings would be confiscated. Since I haven't heard of such a rule before I opened a complaint on Casinoguru, which unfortunately wasn't successful. Since I found out, that you have opened other complaints regarding this Topic from other Equinox Dynamic N.V. Casinos, after doing some research. I wanted to ask you for help, you state that such a rule was violating EU consumer law.

In order for this rule to be applicable in their terms in conditions, it has to be in accordance with the laws of Slovakia and hence with laws of the European Union since Slovakia is part of it.

Orient Xpress is stating the following in their Terms and Conditons:

" “Governing Law” or “Applicable Law”: The Laws of Slovakia."

" 22. Law and Jurisdiction

22.1. This agreement is governed by and created in accordance with the laws of the country of Slovakia. The player submits to the exclusive jurisdiction of the courts of Slovakia to for settlement of any and all disputes arising from or out of this agreement. This agreement is not governed by the United Nations (UN) Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

23. Severability

23.1. If any provision within this agreement is held by a relevant court of law or other relevant authority to be void or unenforceable then the remainder of this agreement will remain strictly valid and enforced including the remainder of the affected provision of this agreement. "

This means if you are right and rule 10.3 violates EU consumer law, it is invalid according to their Terms and Conditions and I have a right to my winnings.

Read the casino review

10 Responses

User icon
thepogg
November 27, 2021

Hi CH4RL3I - welcome to ThePOGG.com.

Did you accept bonuses with these deposits?

Are you resident in Germany or Slovakia?

Thanks,

User icon
CH4RL3I
December 2, 2021

No I did not accept any bonuses, it was just the money I deposited.

I am a German citizen.

User icon
thepogg
December 4, 2021

Hi CH4RL3I,

Unfortunately there is nothing we can do to help you in this instance. This group of operators apply maximum bet limits to non-bonus play. Our understanding is that this practice would be non-compliant with EU consumer law, but having discussed this issue on several occasions with this group I can say with confidence that they will not change their position.

Sorry we cannot be of more help.

ThePOGG

User icon
CH4RL3I
December 6, 2021

Yes, I know that but I wanted to know against which part of the EU consumer law it is interfere until since I then have a legal basis against their terms of service.

User icon
thepogg
December 7, 2021

Hi CH4RL3I,

Our understanding is that this term would not meet the standards of fairness required by EU consumer law. Beyond that all we could suggest is taking legal advice.

Thanks,

ThePOGG

User icon
CH4RL3I
December 9, 2021

Ok thanks a lot, so you think I don’t have any chance of getting my money?

User icon
thepogg
December 11, 2021

Hi CH4RL3I,

We have never knowingly encountered a player who has managed to get paid in your situation.

ThePOGG

User icon
CH4RL3I
December 14, 2021

Do you have any Idea what I could write to the licensee? I'm really reliant on this money and did some purchases knowing I will get my winnings.

User icon
thepogg
December 14, 2021

Hi CH4rL3I,

I'm sorry there is nothing further we can do to assist you. We have already pursued similar cases to exhaustion with no progress. No action that we could suggest is likely to be of any benefit to you.

I would strongly advise you against making any further financial decisions based on the expectation of receiving the funds in question.

ThePOGG

User icon
CH4RL3I
December 19, 2021

I won’t, but I have never had any problems with cashing out money. It’s just stupid.

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Agreement

CH4RL3I 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:

  • Orient Xpress
  • Curacao
  • Equinox Dynamic N.V.

November 25, 2021

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