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Hi grillz520 - welcome to ThePOGG.com!

As we are the ADR for the N1 Interactive Ltd license under the Malta Gaming Authority license there is certain information we have to provide you now.

You can find all the relevant information about this service here – http://thepogg.com/terms-of-use/ and the terms of use for our complaint service here - https://thepogg.com/terms-of-use-for-dispute-resolution-service/

To summarise.

– Use of this service does not preclude your seeking redress through court proceedings .

– This service is free to use for both the complainant and operator.

– At any point during the procedure the submitting party retains the right to withdraw their complaint. This does not preclude our right to continue the discussion with the involved operator of general issues related to the complaint (i.e. insufficiently clear terms and conditions).

– You are not obliged to obtain independent or legal advice or representation, though you may choose to do so.

If you have any questions about the above, let me know.

Moving on to your complaint specifically, firstly I need to be clear that as the ADR for Spinia Casino we have authority to pass rulings on consumer complaints against Spinia casino based on <a href="http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetailDoc&id=18896&no=3" rel="nofollow">EU Directive 2013/11</a>. If you are looking to challenge that authority you will need to take your issue through your own local legal system. Where you look for us to manage a complaint on your behalf you are acknowledging and agreeing to our authority to provide a legally binding ruling. If you do not agree to this then we cannot move forward. Can you confirm that you are consenting to ThePOGG.com Ltd reviewing your case and providing an legally binding ruling? 

Thanks,

ThePOGG

Hi Grillz520,

Thank you for confirming this.

Can you please forward on all communications you've had with Spinia related to this issue, including the contested original email to <a href="mailto:complaints@thepogg.com" rel="nofollow">complaints@thepogg.com</a>?

Thanks,

ThePOGG

Thanks for the fast reply. I have forward all relevant emails as requested. Kind regards SA

Hi Grillz520,

Thank you for your emails.

Where a player makes a request to self exclude from an operator the operator are allowed a reasonable period of time - generally agreed to be 24 hours - to pick up that email and action it. From what I can determine from the emails you forwarded, your claim for a refund relates to play that occurred less than 24 hours after you emailed exclusion request. If that's the case I'm afraid there would be nothing we could do to help you. Can you confirm whether or not this is correct?

Thanks,

ThePOGG

Hi ThePOGG-Team, 

the period of time between my requests by email and my new deposits is approximalty 24 hours: 

Emails, 2 in total, 1 has been sent in the midnight time from the 25th to the 26th of March 2019 and the other was mailed in the afternoon ofh 26th March.

My new deposits after that were made in the midnight from 26 to 27th March 2019.

The operator has not questioned the period of time but the receipt of my emails.

Further, the period of time is not a rigid period /fixed term in my opinion (like you stated its a "generally agreed" period). 

Therefore I think that the 24 hours are basically a reference point and in my case, I dont feel that the casino has no chance to check my issue: 

1. In the same period of time, they have received all documents for verification process and they have verfied my account.

2. Even if the 24 hours rule is obtained in this case, the casino would have no chance to be active since their email-system obviously has errors if they tell me that they have not received my emails. 

Therefore, based on these facts, casino should be a fai and offer at least a refund of 50 percent (round about 700 EUR).

Second think: 

What do you think about the reaction regarding my data request according art. 15 of GDPR?

Thanks for your efforts!

PS: Sorry for my spelling and grammar mistakes.

Hi Grillz520,

Your interpretation of what constitutes a reasonable length of time has no bearing. We're basing our interpretation on the standards that have historically been applied by both the MGA and UKGC. 

The above being the case, we could only look to refund deposits made AFTER this window. Not before.

With regard to your GDPR request - we cannot advise on this issue as it does not related to a gambling transaction. You would need to contact your own local regulatory body in charge of GDPR issues, though I wills state in advance that this is highly unlikely to result in that body making a ruling on contested gambling transactions.

Thanks,

ThePOGG

All rights and many thanks for your reply/explanation. Its up to you wether you want to close this case now or if you want to mediate between me and the operator, since in my case the 24h rule is not a problem.

Again many thanks for your help. 

Kind regards

Hi Grillz520,

This isn't a case of choice - I'm directly asking, did you deposit more than 24 hours after the initial request for your account to be self-excluded? You did not provide the email where you requested the self-exclusion in the information you sent through so we have no way of establishing exactly when that occurred?

It is fair to acknowledge that the operator appears to be applying internal policies of enforcing self-exclusions within 12 hours. As such there may be a case to argue for the return of deposits made more than 12 hours after request but this will depend on being able to demonstrate exactly when the request was made.

Thanks,

ThePOGG

The relevant first e-mail with the content of gambling problem was sent on 26th March 2019, 00:46 o'clock. My deposits were made barely below 24h (23-24 hours after my first email)

Hope this helps! Thanks a lot.

Hi Grillz520,

Can you forward both this email and screenshots showing this email to <a href="mailto:complaints@thepogg.com" rel="nofollow">complaints@thepogg.com</a>?

Thanks,

ThePOGG

Hi ThePOGG, 

yes, of course. 

Thanks!

Kind regards,
Grillz520

I dont know why the Casino denies that they have receiced these boths emails? 

From both E-Mails, you can cleary read that "I have no control about my gambling actions" and this requires a clear action by the casino due to their gambling responsibility.

Its poor, that they only reply with "We do not have received the mentioned e-Mails by you" Do you agree with that?

If this is the case, player cannot be sure that they are in safe hands in the future.

In my opinion, one should tell the casino, that this is nothing, which encourages futur players in playing at your casino, if you simply tell the players that they do not receive emails. The best internal policies are ineffective, if you could simpley exculpate you in this way.

Furthermore: They also have no stabil live-chat connection. My internet connection is perfect but everytime I contacted them via live chat, the conversation with live chat broke up. 

I am open for a amicable solution. They should also be fair and resolve this issue in a fair manner.

KR

Hi Grillz520,

Thank you for forwarding those emails.

Having reviewed them I do not see a request for your account to be closed. Both emails are asking for additional bonuses because of your losses, not a restriction on your access to the gaming services. Did you make a direct request for your account to be closed?

Thanks,

ThePOGG

There is no direct request but I wrote "I have no control about my gambling actions" Isnt this something the operator has to react on it by itself?
Thanks

Hi Grillz520,

Your problem here is that the general tone of the communication is not one that suggesting someone in emotional distress. The comment you quote above is made in a rather flippant fashion as you ask for more bonuses. It is not a request for a self exclusion. I'll check with the MGA to get their opinion on whether the regulator feels that the operator should have taken action based on this statement, but my honest expectations would be that they won't.

Thanks,

ThePOGG

I won 1000 EUR.Then I canceled my withdrawal and told them "I have simply no control over my gambling actions" After that I deposited another 1500 EUR and lost ist. So casino should ignore this massage together with the whole circumstances? Interesting view. To be honest, I feel that this case is treaded a little bit one sided in favor of the casino.

Hi Team, any update on this issue? Thanks!

Hi Team, still no update on this issue? Thank you!

Hi Grillz520,

I've discussed this issue at length with both the regulator and the operator. My understanding is that you will be receiving a refund and the operator will be contacting your shortly to arrange for this. Please let us know when this happens.

Thanks,

ThePOGG

Thank you very much!!!!! Really appreciate it! Casino has sent me an email and told me that a refund will be issued within the next 7 days. Many thanks:)

Hi Grillz520,

I'm going to hold this case open until you have received your funds. I would appreciate it if you could confirm when that happens.

Thanks,

ThePOGG

Hi Grillz520,

Have you received your funds?

Thanks,

ThePOGG

Hi ThePOGG-Team,

I have received 1300 EUR. 200 EUR are still missing but I am confident that they will refund the rest of it too. 

I really appreciate your support and work!

KR

Hi Grillz520,

Reviewing your initial submission you were contesting €1300. Where is the additional €200 coming from?

Thanks,

ThePOGG

No the exact amount is 1482 EUR. Casino already confirmed to me that they will refund 1500 EUR in one of its first emails regarding refund approval.

Hi Team, all refunds received! Thank you very my for your support!!!!!!!! Kind regards [EDIT]

Hi Grillz520,

Thanks for letting us know - it is appreciated!

ThePOGG

Hello Team! Again Thanks for your gerat Job in this case. But may I please ask you to delete my full name in the description of my compliant. Thank you and kind regards!

Hello Team,

again:
could you please delete my full name in my clomplaint? Thank you!

Kind regards,

Hi Grillz520,

We do not delete complaint reports.

Thanks,

ThePOGG

Only my real name!!!!!!!!!!!!! It's a mistake by you!!!! Read the text!

Who said you should delete my complaint????

Hi Grillz520,

Apologies - correction has been made. You may want to be a little more civil in your tone in future however as the above was simply rude.

ThePOGG

Thank you and of course, but my reaction was somehow reasonable. See my comments from 24the December and then I got such an reply. Sorry for any inconvenience.

Both Spinia Casino and the player have now confirmed that this issue has been resolved and that the player has received their funds.

This was my first E-Mail to the Casino:
 "Dear Management,I hope you are a fair casino, since you are MGA regulated. My account was closed today due to gambling problems, but the closing is too late for me. I have sent you proofs that I have contacted you yesterday and told you that my actions are escalating and I have no control about it. Please verifiy everyhting and please accpet a refund of all deposits which were made after my notification emails regarding my gambling issue. Unfortunaltey, your casino members have simply ignore my emails. If necessary, I can contact my email provider which can deliver prof of my emails sent to you.I am highly gambling addicted and I have to find some help regarding my gambling issue.Thanks for your helpkind regards, [EDIT]
 
 and this is the answer of the casino:
 
 "Dear player,
 
 We there was no emails from you on March 25th, we have double checked the inbox for you.
 We have blocked your account as soon as we opened an email from you, however email can take up to 12 hours to be reviewed, so we always suggest our costumers to use Live chat instead.
 
 Since we have closed your account as soon as we reviewed an email, there are no place for any refund.
 
 We are hoping for your understanding.
 
 Best regards,
 Casino Support Team"
 
 I can prove by screenshots of my email account that I have sent my emails to the right email adress. They simply ignore my issue and told me that they have not received any emails by me.
 
 Moreover, and thats what also is shocking me: Live Chat do not know about my data privacy rights according art. 15 GDPR as I have request a personal data information. Live Chat has told me that the decision is final? Sorry, what decision??? This is obviously a breach of the General Data Protection Regulation.
 
 If the Casino fails to find a solution, I will file a court case at my residence place (according to art. 18 of the REGULATION (EU) No 1215/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL) as a last option. But I hope you can find a amicable solution.
 
 Please feel free to contact me, if you need further information.

Spinia - No Player Protection via E-Mail

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