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Online Casinos in general: Reclaim casino losses (Curacao)

Topic created on 12th Jun. 2024 | Page: 1 of 3 | Answers: 35 | Views: 4,125
dettester
Hello everyone,

until about 2 months ago, I actively gambled in an unlicensed casino with Curacao.
As gambling via such providers is not legal, I have now stopped doing so.

I would like to try to reclaim some of my losses on a voluntary basis under threat of legal action (I know that unfortunately I have no chance of achieving anything there from Germany).
It is about 10-15k€

Do I have to fear anything legally (or threats etc.) if I simply write that I am reclaiming my depositors minus payouts due to the illegal gambling and will otherwise take legal action against them?

Of course I am aware that the chances of achieving something are 1%, but why not give it a try?

Thank you in advance.

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Hidaruma
Top Member

dettester wrote on 12.06.2024 at 22:08: Hello everyone,

i actively played in an unlicensed casino with Curacao until about 2 months ago.
Since gambling through such providers is not legal, I have now stopped doing so.

I would like to try to reclaim some of my losses on a voluntary basis under threat of legal action (I know that unfortunately I have no chance of achieving anything there from Germany).
It is about 10-15k€

Do I have to fear anything legally (or threats etc.) if I simply write that I am reclaiming my depositors minus payouts due to the illegal gambling and will otherwise take legal action against them?

Of course I am aware that the chances of achieving something are 1%, but why not give it a try?

Thank you in advance.

Good luck with it. The Curacao booths don't care about your legal steps.

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frapi07
Elite

dettester wrote on 12.06.2024 at 22:08: Hello everyone,

i actively played in an unlicensed casino with Curacao until about 2 months ago.
Since gambling through such providers is not legal, I have now stopped doing so.

I would like to try to reclaim some of my losses on a voluntary basis under threat of legal action (I know that unfortunately I have no chance of achieving anything there from Germany).
It is about 10-15k€

Do I have to fear anything legally (or threats etc.) if I simply write that I am reclaiming my depositors minus payouts due to the illegal gambling and will otherwise take legal action against them?

Of course I am aware that the chances of achieving something are 1%, but why not give it a try?

Thank you in advance.

1%? You're very confident! An e-mail like that is read and then immediately deleted. It will certainly not even be forwarded to anyone.

You're welcome to do that and no, what are they supposed to do? Reply to you? As I said, it is read once by the recipient, deleted and pretended as if nothing had ever arrived.

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roccoammo11
Expert
dettester wrote on 12.06.2024 at 22:08: Hello everyone,

i actively played in an unlicensed casino with Curacao until about 2 months ago.
Since gambling through such providers is not legal, I have now stopped doing so.

I would like to try to reclaim some of my losses on a voluntary basis under threat of legal action (I know that unfortunately I have no chance of achieving anything there from Germany).
It is about 10-15k€

Do I have to fear anything legally (or threats etc.) if I simply write that I am reclaiming my depositors minus payouts due to illegal gambling and will otherwise take legal action against them?

Of course I am aware that the chances of achieving something are 1%, but why not give it a try?

Thank you in advance.

It would probably have been an advantage if this had all taken place before the gambling contract came into force... in general, it is no longer quite so easy to recover losses and to get them back. There are probably some law firms that buy all your crap from you & you sign something like a declaration of commencement & don't have to worry about anything anymore...but you only get a fraction of the losses and at 10-15k probably nobody will be interested in it...

You can threaten the casino with anything else.nothing will happen except that you will probably be blocked.better have them send you all your transactions and ask for them in a friendly way because you need them if you want to take action against them.

so if you seriously hope to get your complete loss of control back in a short time then don't get your hopes up.
How can you spend so much money in a casino in such a short time?
if you have any problems because of this, here are some professional contacts in the forum..maybe that will help more at first...

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bonushunter97
Amateur
it is the law firms' turn to achieve something there via the netherlands - have a transaction list sent and then send a registered letter with a threat and hope for a settlement agreement

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Frankey
Experienced
They will probably ignore you. Because it is illegal under German law for people who are resident in Germany to play there. However, the casino is located in Curacao, where German laws do not apply. Sounds strange, but it's true. Have a look at the T&C . I'm sure it says something similar to the following

You are solely responsible to follow any applicable local, national, federal, state or other laws concerning betting and gaming prior to opening an account or using our services law in your country of residence and if you are permitted by applicable law in your country of residence to play and thus open an account with us.

This means that the casino, like Rant here, is out of the picture

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Falke
Expert

Frankey wrote on 14.06.2024 at 04:12: They will probably ignore you. Because it is illegal under German law for people residing in Germany to play there. But the casino is located in Curacao where German laws do not apply. Sounds strange, but it's true. Have a look at the T&C . I'm sure it says something similar to the following

You are solely responsible to follow any applicable local, national, federal, state or other laws concerning betting and gaming prior to opening an account or using our services law in your country of residence and if you are permitted by applicable law in your country of residence to play and thus open an account with us.

This means that the casino, like Rant here, is out of the picture

Surely you don't believe yourself that any scribbled terms and conditions have any legal relevance. They can write whatever they want in there, if it's illegal to be active in Germany, then it's illegal. Or do you think that the terms and conditions of Online Casinos are above German law?


The problem is much more that they are almost impossible to enforce. You might win in court, but collecting the money afterwards is very difficult. However, this is also changing right now, as there has already been a very good judgment for the players in the Netherlands in the last instance. As a result, it will only be a matter of time before the legal cost financiers offer Curacao Casinos. Model proceedings have been underway for some time, but the new ruling will make things easier.

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frapi07
Elite

Falke wrote on 14.06.2024 at 05:13:

You don't believe yourself that any scribbled terms and conditions have any legal relevance. They can write whatever they want in there, if it's illegal to be active in Germany, then it's illegal. Or do you think that the terms and conditions of Online Casinos are above German law?


The problem is much more that they are almost impossible to enforce. You might win in court, but collecting the money afterwards is very difficult. However, this is also changing right now, as there has already been a very good judgment for the players in the Netherlands in the last instance. As a result, it will only be a matter of time before the legal cost financiers offer Curacao Casinos. Test cases have been underway for some time, but the new ruling will make things easier.

However, the TE wants to try this without a lawyer and threaten legal action. This threat is just as irrelevant as their terms and conditions.

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gamble1
Icon
Falke wrote on 14.06.2024 at 05:13:

You don't believe yourself that any scribbled terms and conditions have any legal relevance. They can write whatever they want in there, if it's illegal to be active in Germany, then it's illegal. Or do you think that the terms and conditions of Online Casinos are above German law?


The problem is much more that they are almost impossible to enforce. You might win in court, but collecting the money afterwards is very difficult. However, this is also changing right now, as there has already been a very good judgment for the players in the Netherlands in the last instance. As a result, it will only be a matter of time before the legal cost financiers offer Curacao Casinos. Model proceedings have been underway for some time, but the new ruling will make things easier.

But in the end, the question remains: how are they going to pack them? I mean, even if the highest court makes a decision, they will wipe their asses with it and since the CIA certainly has no desire to get players' money back in the future because after 6 years they suddenly had the intuition that the fun is illegal, I don't think anything will change


Curacao shits on all of us and already three times on our laws it is not for nothing a place where pretty much everyone ends up if he wants to operate legally without much headache internationally

And even if a government to which Curacao legally belongs takes action against it, it doesn't mean that they will actually find someone who has to reimburse the money! In case of doubt, operating without a license won't make a difference in 2024 anyway

It is not for nothing that there are many criminals who are not found in their own country, I don't even want to think about how difficult it is to find someone who probably operates through 3 mailboxes and 5 states

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Frankey
Experienced

Falke wrote on 14.06.2024 at 05:13:

You don't believe yourself that any scribbled terms and conditions have any legal relevance. They can write whatever they want in there, if it's illegal to be active in Germany, then it's illegal. Or do you think that the terms and conditions of Online Casinos are above German law?


The problem is much more that they are almost impossible to enforce. You might win in court, but collecting the money afterwards is very difficult. However, this is also changing right now, as there has already been a very good judgment for the players in the Netherlands in the last instance. As a result, it will only be a matter of time before the legal cost financiers offer Curacao Casinos. Model proceedings have been underway for some time, but the new ruling will make things easier.

I wrote pretty much the same thing as you. The casino only points out that every player has to inform themselves about the laws in their own country and only register if it is legal. And of course a casino that has neither its registered office nor license in Germany is above German law. After all, it has nothing to do with it. It only has to abide by the law of the country that issued the license. And if you play there, these laws do not apply...

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Falke
Expert

gamble1 wrote on 14.06.2024 at 12:18 pm:
The question remains but in the end how do they want to pack them? I mean even if the highest court makes a decision they wipe their asses with it and since the CIA certainly doesn't want to get players their money back in the future because after 6 years they suddenly had the intuition that the fun is illegal I don't think anything will change there either


Curacao shits on all of us and already three times on our laws it is not for nothing a place where pretty much everyone ends up if they want to operate legally without much headache internationally

And even if a government to which Curacao legally belongs takes action against it, it doesn't mean that they will actually find someone who has to reimburse the money! In case of doubt, operating without a license won't make a difference in 2024 anyway

It's not for nothing that there are many criminals who are not found in their own country - I don't even want to think about how difficult it is to find someone who probably operates through 3 mailboxes and 5 states

It's not quite like that. In the judgment that has now been pronounced, or rather confirmed by the highest court, the point was that Curacao said that they could not allow foreign seizure applications to go through because of the Puplic Order. Exactly the same reasoning as in Malta.


This has now been rejected by the Netherlands, which clears the way for attachments. Curacao is somewhat dependent on the Netherlands and is also politically linked.

Many casinos with an MGA license and a Curacao license often have the same owner.

Let me put it this way. The lawyers and litigation funders would hardly litigate this to the end, file the seizure applications and conduct the proceedings in Germany/Austria if they saw no prospects of success. I agree with you that Curacao is an even bigger chunk than Malta, but the PF certainly don't do it for nothing. They won't put any money into it if nothing comes of it in the end.

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fros7byte
Rookie

Frankey wrote on 15.06.2024 at 05:42:

I wrote pretty much the same thing as you. The casino only points out that every player has to inform himself exactly about the laws in his own country and only register if it is legal. And of course a casino that has neither its registered office nor license in Germany is above German law. After all, it has nothing to do with it. It only has to abide by the law of the country that issued the license. And if you play there, these laws do not apply...

wrong. please don't spread untruths if you don't have a clue.

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Falke
Expert

Frankey wrote on 15.06.2024 at 05:42:

I wrote pretty much the same thing as you. The casino only points out that every player has to inform himself exactly about the laws in his own country and only register if it is legal. And of course, a casino that is neither based nor licensed in Germany is above German law. After all, it has nothing to do with it. It only has to abide by the law of the country that issued the license. And if you play there, these laws do not apply...

Well, then I can just open a weed store in a country where growing and selling weed is legal and then sell it to all the countries in the world where it's illegal. After all, I write in the terms and conditions that you should find out for yourself whether and what is legal. So I'm in the clear and can sell drugs all over the world and always refer to the laws of my company headquarters. Why hasn't anyone else come up with this great idea? You already know that you've just found the ultimate business idea. You should patent it immediately and start looking for investors.

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gamble1
Icon

Falke wrote on 15.06.2024 at 16:06:

Well, then I can just open a weed store in a country where growing and selling weed is legal and then sell it to all the countries in the world where it's illegal. After all, I write in the terms and conditions that you should find out for yourself whether and what is legal. So I'm in the clear and can sell drugs all over the world and always refer to the laws of my company headquarters. Why hasn't anyone else come up with this great idea? You already know that you've just found the ultimate business idea. You should patent it immediately and start looking for investors.

Well, sadly, it's been done before and you're only really liable to prosecution if you place an order to Germany, but the store wasn't to blame

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Falke
Expert

gamble1 wrote on 15.06.2024 at 20:27:

Well sadly there was even exactly the same and you really only made yourself punishable if you placed an order to DE but the store was not to blame

I don't know which specific case you mean here. The fact is, however, that every company has to comply with national laws. There is a reason why the GGL is already threatening illegal casinos with penalties. And drug sellers on the dark web don't just get caught because they don't have a business license, but because they sell illegal drugs (which may not be illegal in every country). And yes, even the importation of illegal substances is punishable by law and, of course, also for the company if it can be proven that it has chosen the country in question as its business area.

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