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Yako – Casino refuses refund after my self exclusion for all L&L Europe Ltd. Casinos was not applied.

Ruling

Found for the Casino - Player asked to "permanently close" but did not mention any addiction issues. This would not be managed under Responsible Gambling policies.

Read our Yako Casino Review.

Player's Complaint

Hello,

I have an issue with Yako Casino, which is owned by L&L Europe Ltd.

On 13.02.2020 I requested a permanent closure of my account with Hyper Casino (also owned by L&L Europe) as well as a permanent exclusion from all other L&L Europe Casinos. I requested this via email to Hyper Casino stating: “Please close my account with Hyper Casino permanently as well as exclude me permanently from all partner Casinos”. Hyper Casino read and acknowledged my email, because they answered it. Even twice.

In march 2020 however, many weeks after I requested the exclusion from all L&L Europe Casinos, I was unfortunately able to open an account with the above mentioned Yako Casino. Yako Casino, as you know, is also owned by L&L Europe and therefore a partner Casino of Hyper Casino. If Hyper Casino would have applied my request of self exclusion from all L&L Europe Casinos, I should not have even been able to open an account with Hyper Casino.

Unfortunately however I was able to open an account, so I depposited some money and played for a while. In the end I lost 1.658,00 €. In my opinion, if Hyper Casino in the first place would have carried out my request of self exclusion from all L&L Europe Ltd. Casinos, I would have NOT been able to open an account with Yako Casino and therefore would have NOT been able to play and loose the amount of 1.658,00€.

Therefore, Yako Casino (or L&L Europe Ltd.) has to pay the amount of 1.658,00€ back to me.

I think it is also also an MGA Regulation Licence requirement that if a player requests a self exclusion from all Casinos which are owned by a company (in this case L&L Europe Ltd.), the Casino has to carry out the self exclusion in order to comply with Regulation requirements of the MGA. In my opinion therefore, Yako Casino definitely has to pay the amount of 1.658,00€ back to me. I tried to solve this problem with Yako Casino directly. However, they are not willing to cooperate. They say that according to their refund policy, they are not allowed to pay the money back to me. In my opinion, this does not really make alot of sence. Anyhow, because of the problems with them I contacted you guys now. I hope you can solve this issue and get back the money for me. Thanks in advance.

Read the casino review

14 Responses

ThePOGG
Apr 14, 2020

Hi luki299 - welcome to ThePOGG.com!

As we are the ADR for the White Hat Gaming 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).
https://thepogg.com/terms-of-use-for-dispute-resolution-service/

– 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.

Can you provide the communication you sent to Hyper Casino to exclude?

Thanks,

ThePOGG

Luki299
Apr 16, 2020

Why white hat gaming? Yoko is owned by L&L Europe.
So what are the next steps now?

ThePOGG
Apr 17, 2020

Hi Luki299,

That was a copy/paste error. It should have read 'L&L Europe'.

Can you provide the communication you sent to Hyper Casino to exclude?

Thanks,

ThePOGG

Luki299
Apr 18, 2020

Hi there.
I´ve just sent the communication to you via email.
Best regards

ThePOGG
Apr 21, 2020

Hi Luki299,

I've reviewed your communications with Hyper/Yako. Unfortunately we would be unable to uphold your claim in this case.

To be considered under Responsible Gambling policies a closure request has to either make clear that you have a gambling issue or specifically be requested as a "self-exclusion". Your request to Hyper Casino did not detail any addiction issues and simply asked that your account be "blocked". Under MGA license requirements this would not be considered as a self-exclusion.

When you have subsequently raised this issue with the license and made clear you gambling issues, the operator has acted appropriate and closed your accounts under Responsible Gambling policies.

You may find our free Responsible Gambling app BetBlocker useful. It allows users to restrict their internet capable devices from accessing over 12k gambling operator websites for between 24 hours and 5 years.

Sorry we could not be of further help.

ThePOGG

Luki299
Apr 21, 2020

Hello ThePogg,

I don‘t think that mentioning a gambling problem is an MGA requirement to exclused myself from an account or from all accounts which are owned by a company/licence holder. Also for your information: I did not just ask for my Hyper Account to be blocked: Translated into english, my request stated „Hereby I request a permanent closure of my Account with Hyper as well as Partner Casinos is applicable“. This clearly states that I want a PERMANENT closure of all accounts within L&L Europe. So I would appreciate if you could proceed with my complaint.

Thanks in advance

ThePOGG
Apr 21, 2020

Hi Luki299,

Using the word "permanent" does not qualify this as a Responsible Gambling issue. Players can and do regularly request "permanent" closures without the request relating to gambling addiction. Before an account closure would be considered under Responsible Gambling protocol you either need to have informed the operator of the reason for the closure request or have requested a "self-exclusion". Neither of these criteria have been met within your closure request. As such this would simply be a standard closure request. That would not require the operator to prevent you from re-opening the account or opening new accounts.

Sorry we cannot be of further assistance.

ThePOGG

Luki299
Apr 22, 2020

Hello The Pogg,

So basically you are trying to tell me that, as long as I am not telling the Casino that I have a gambling problem, they can just do whatever they want? Even disregard my request to permanently close all accounts across the L&L Europe Network? Because this is what your explanation sounds like. I mean, I requested a permanent exclusion from all L&L Europe Casinos. The only thing I did not mention was „I have a gambling issue and that’s why I want this to be done“. So by not mentioning this they can just do whatever they want and not comply with my request? To me this sounds unbelievable and unacceptable !!!

Kind regards.

ThePOGG
Apr 25, 2020

Hi Luki299,

I'm sorry that you are disappointed by that, but yes, that is what I'm telling you.

If you are unhappy with the service you receive in a restaurant and inform the manager that you'll "never eat here again", the restaurant could choose to, but are under no legal requirement to refuse you further custom.

If you are looking for the operator to take responsibility for preventing you from accessing gambling services, you need to have requested a self-exclusion or made clear to them that you feel you have a gambling issue. Otherwise there is no legal onus on the operator to restrict you from further access to their service.

And to be clear, you request was to be "permanently blocked", not "permanently excluded". Neither would be likely to result in the request being actioned under Responsible Gambling policies, but for clarity your request did not contain the word "excluded".

Sorry we cannot be of further help,

ThePOGG

Luki299
Apr 29, 2020

Hello the Pogg,

I did not tell the casino „I will never play here again“ as it would have been in comparison with your restaurant example. I told the casino that I want to be excluded from all activities along their network. The only thing I did not mention was „I have a gambling issue“.
I am not going to discuss this any further because clearly it does not make any sense. I would appreciate if you could proceed with and answer my Casino Room complaint however since I sent you the required document already one werk ago. They clearly state that I am right in this one.

Thanks...

ThePOGG
May 01, 2020

Hi Luki299,

No, you didn't mention anything that would have indicated your decision to close your account was based on gambling addiction whatsoever. You did not even use the word "excluded" as has already been pointed out.

You will receive a response to your other issue in due course.

ThePOGG

Luki299
May 02, 2020

Hey there,

Well, it‘s a mather of wording I guess. Either way, they definitely knew what I meant. If I go to a land based Casino they would exclude me I am 100% sure. But since I know how the online gambling industry works, their point of view and acting doesn‘t really surprise me.
Either way, like I said, it‘s ok and I can‘t change anything anyways.

However, regarding my Casino Room complaint the facts are obvious, so I hope to receive a positive answer from you soon and await the full refund from Casino Room.

Best regards...

ThePOGG
May 05, 2020

Hi Luki299,

It is a matter of wording in so far as you have to be clear that the closure is due to gambling addiction.

You are right about an offline casino. If you asked to be excluded - i.e. prevented from reaccessing - it likely would result in this being viewed as a Responsible Gambling issue. But common sense tells us that very few people are going to go to an offline casino and demand that they don't allow them re-entry without this being a Responsible Gambling. If they are leaving for other reasons they simply won't return. This contrasts with the online environment where players regularly demand closure of their account for non-addiction issues, including dissatisfaction with support or as an effort to leverage further promotional incentives not to close their account.

And again - you never used the word "excluded".

ThePOGG

Luki299
May 06, 2020

Hey there,

Yeah I know how the industry works, so no worries ;).
Did you hear from Casino Room yet and did the finally accept that it was their fault?

Thanks guys...

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Agreement

luki299 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:

  • Yako
  • Malta Gaming Authority
  • United Kingdom Gambling Commission
  • L&L Europe Ltd

April 14, 2020

The North American country of Canada shares a border with The United States of America and has coasts on the Atlantic, Arctic and Pacific oceans. The population of Canada is currently in the region of 37.8 million people. With regard to the gambling sector, Canada has historically existed in a grey area but in recent years there has been a move towards officially recognizing that casino gaming, slots play, horse racing, lottery play, video lottery play, charitable gaming and interactive gaming are permitted in the country’s borders. There is no land-based licensor, but online gambling appears to be perfectly legal for Canadian citizens who wish to play.

Disclaimer:

The above information is what we believe to be the the legal status of online gambling, however information on this topic is limited and hard to find. We accept no liability for any errors or ommissions. It is the reader’s responsibility to ensure that they know the legality of online gambling in their country before engaging with any online gambling service.