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Online Casinos in general: Reclaim casino losses (Curacao) (Page 2)

Topic created on 12th Jun. 2024 | Page: 2 of 3 | Answers: 31 | Views: 3,046
Frankey
Experienced

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.


You don't sell in other countries. Customers come to your store. The store is the casino. Casino location is Curacao So Curacao's laws apply in the casino. Do you understand that? The customer plays there. Not in Germany. And you do not need to draw the customer's attention to this specific point in the T&Cs because they have done so when registering at ☑️ and thereby confirmed that they have read and understood the T&Cs. And in every casino, the T&Cs state where it is registered and that the local laws apply

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Falke
Expert

Frankey wrote on 16.06.2024 at 00:06:


You don't sell in other countries. The customers come to your store. The store is the casino. Casino location is Curacao So Curacao's laws apply in the casino. Do you understand that? The customer plays there. Not in Germany. And you do not need to draw the customer's attention to this specific point in the T&Cs because they did so when they registered at ☑️ and thereby confirmed that they had read and understood the T&Cs. And in every casino, the T&Cs state where it is registered and that the local laws apply

Legally speaking, the "store" is where the player's place of residence is. This is exactly how it is handled, which is why Online Casinos lose every court case. If it were as you write, German judges would have no authority at all to rule on all cases and would therefore have to refer them to the jurisdiction of Curacao. But that is not the case. The casinos make money from German players in Germany and this is illegal under German law. The casino's terms and conditions are completely irrelevant if they contradict applicable law.


There are no two opinions on this and it is not a matter of opinion. The legal situation is clear and there are thousands of judgments that confirm this.

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gamble1
Icon
Falke wrote on 15.06.2024 at 21:21:

I don't know which specific case you mean here. The fact is, however, that every company must of course comply with national laws. There is a reason why the GGL already threatens 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.

However, in 2010 there was once a store from a country where drugs were legal and they had an online store where someone from Germany placed an order and was taken down, but nothing happened to the store on the grounds that "the store is legally allowed to offer its services in its country if someone from Germany buys there, they must inform themselves about the laws of their country when they import things there"

It makes no sense otherwise if chocolate is now legal here and I open a store that sells chocolate, I don't have to account for it if someone from Africa, for example, buys here if chocolate is illegal for them

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frapi07
Elite

gamble1 wrote on 16.06.2024 at 02:57 am:
In 2010 there was a store from a country where the drugs were legal and they had an online store where someone from DE ordered and was taken down nothing happened to the store with the reason "The store is allowed to legally offer its services in its country if someone from DE buys there he has to inform himself about the laws of his country when he imports things there"

It doesn't make sense otherwise if chocolate is legal here and I open a store that sells chocolate, I don't have to be accountable if someone from Africa, for example, buys here if chocolate is illegal for them

Let me ask you a question... couldn't you play the ball back and make the seller partially responsible? I mean, the seller can see from the delivery address where the goods are going and from which country they are being bought. Selling to countries where it is illegal should be prevented or made impossible by the seller.


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Frankey
Experienced

Falke wrote on 16.06.2024 at 02:12:

Legally speaking, the "store" is where the player's place of residence is. This is exactly how it is handled and this is precisely why Online Casinos lose every case in court. If it were as you write, German judges would have no authority at all to rule on all the cases and would therefore have to refer them to the jurisdiction of Curacao. But that is not the case. The casinos make money from German players in Germany and this is illegal under German law. The casino's terms and conditions are completely irrelevant if they contradict applicable law.


There are no two opinions on this and it is not a matter of opinion. The legal situation is clear and there are thousands of judgments that confirm this.


I'm having a deja vue right now. We've discussed this before 😉. And I'm still prepared to believe that judges will award mass compensation if I see evidence of it. But this is still not the case.

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hustlehoff
Expert
Believe everything under 100k net loss brings nothing with Curacao Buden ... that they are completely ungraspable I do not believe that the worldwide money transactions are monitored and regulated by all or too much even in Curacao if only very shlecht ... but even at 100k be prepared for a waiting time of up to 5 or 10 years I would estimate if you should get anything at all from seized or confiscated accounts of Curacao online game operators. I mean the world is not completely lawless, I guess not even for Curacao residents.

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fros7byte
Rookie

Falke wrote on 16.06.2024 at 02:12:

Legally speaking, the "store" is where the player's place of residence is. This is exactly how it is handled and this is precisely why Online Casinos lose every case in court. If it were as you write, German judges would have no authority at all to rule on all the cases and would therefore have to refer them to the jurisdiction of Curacao. But that is not the case. The casinos make money from German players in Germany and this is illegal under German law. The casino's terms and conditions are completely irrelevant if they contradict applicable law.


There are no two opinions on this and it is not a matter of opinion. The legal situation is clear and there are thousands of judgments that confirm this.



there is nothing more to add. and this has also been confirmed hundreds of times by the courts in all instances, including the highest courts.

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Falke
Expert
gamble1 wrote on 16.06.2024 at 02:57 am:
In 2010 there was a store from a country where the drugs were legal and they had an online store where someone from DE ordered and was taken down nothing happened to the store with the reason "The store is allowed to legally offer its services in its country if someone from DE buys there he has to inform himself about the laws of his country when he imports things there"

It makes no sense otherwise if chocolate is now legal here and I open a store that sells chocolate, I don't have to account for it if someone from Africa, for example, buys here if chocolate is illegal for them

In the case of Online Casinos, however, this is clearly not the case. I mean, why are we even discussing this when it is already known and has been justified by the courts in thousands of cases? We're not talking about an unclear legal situation here.


I don't know the judgment of the store, so I can't judge how or what was judged there. In general, it is probably illegal to import illegal substances into a country, whether from a drug Dealer or an online store. I think we agree on that, don't we? So I can't imagine with the best will in the world that an online store would be allowed to deliver heroin (just as an example, I know that heroin won't be legal anywhere) to Germany just because the online store has a license for it in some country. That would be the best business idea for drug cartels. Simply bribe a small island state, obtain a "legal" license and then send heroin all over the world. Only the recipient is responsible and not the store. That's not how it works.

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MisterL
Expert

Falke wrote Simply bribe a small island state, get a "legal" license and then send heroin all over the world. Only the recipient is then responsible and not the store. That's not how it works.

A contract is a contract

who knows if Gorbi had signed the contract back then

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Falke
Expert
Frankey wrote on 16.06.2024 at 10:49 am:

I'm having a DejaVue right now. We've had this topic before 😉. And I'm still willing to believe that judges will award mass compensation if I see evidence of it. But this is still not the case.

Then I really can't help you anymore. If they tell you that the water is wet and you don't want to believe it, then you could just go into the water yourself to see for yourself. You could just as easily read through one of the numerous judgments, look at how many litigation funders are sponsoring thousands of cases and how many lawyers are already working on them, read through the legal text of the new gambling law, and so on. But you can also just stay on dry land and tell people coming out of the water from the beach that the water is definitely not wet. I have the same look on my face that these people would give you.

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gamble1
Icon

frapi07 wrote on 16.06.2024 09:34:

Let me ask you a question... couldn't you play the ball back and make the seller partially responsible? I mean, the seller can see from the delivery address where the goods are going and from which country they are being bought. Selling to countries where it is illegal should be prevented or made impossible by the seller.



Well, the question is, as a store, if it's allowed in your country and you're not doing anything wrong, do you really have to find out about the laws around the world? I think it would be a bit unfair and nobody would be able to open a store because theoretically everything that is normal in our country could be illegal in other countries!


Just take board games or dice games, these are forbidden in strict Islamic countries, so if someone buys a dice in my store, do I have to worry about getting a fine from that country soon because I don't know their laws? That would be too awesome

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gamble1
Icon
Falke wrote on 16.06.2024 at 16:08:
In the case of Online Casinos, this is obviously not the case. I mean, why are we even discussing this when it is already known and has been justified by the courts in thousands of cases? We're not talking about an unclear legal situation here.


I don't know the judgment of the store, so I can't judge how or what was judged there. In general, it is probably illegal to import illegal substances into a country, whether from a drug Dealer or an online store. I think we agree on that, don't we? So I can't imagine for the life of me that an online store is allowed to deliver heroin (just as an example, I know that heroin won't be legal anywhere) to Germany just because the online store has a license for it in some country. That would be the best business idea for drug cartels. Simply bribe a small island state, obtain a "legal" license and then send heroin all over the world. Only the recipient is responsible and not the store. That's not how it works.

That's the point, the store is not allowed to deliver it if it would deliver it as a dealer for resale because then it would profit commercially from the trade but if an end customer places an order now, the end customer must also bear the responsibility whether he is allowed to import it or not because the delivery is only made on the instructions of the customer and you can't expect to know all the laws of all countries

Think OC's and a store like this are different things again

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frapi07
Elite

gamble1 wrote on 16.06.2024 at 19:28:

Well the question is just do you have to inform yourself as a store if it is allowed in your country and you do nothing wrong about the laws in the world? I mean it would be a bit unfair and nobody could open a store anymore because theoretically everything that is normal in our country can be forbidden in other countries!


Just take board games or dice games, these are forbidden in strict Islamic countries, so if someone buys a dice in my store, do I have to worry about getting a fine from that country soon because I don't know their laws? That would be too awesome

Well, you have to differentiate between online and offline. Offline, the local laws apply, but not online. I know that some companies don't accept specific customers. That's also the case in the OCs.

I don't know what the situation is with dice games, but it would be interesting to know. You'd have to ask a lawyer

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gamble1
Icon
frapi07 wrote on 16.06.2024 at 19:36:

Well, you have to differentiate between online and offline. Offline, the local laws apply, but not online. I know that some companies don't accept specific customers. That's also the case in the OCs.

I don't know what the situation is with dice games, but it would be interesting to know. You'd have to ask a lawyer

As far as I know, this exclusion is mostly due to tax aspects and not because of the law, but I could be wrong, I don't want to commit myself

Apparently this notice is intended to help legally and protect you because you are not acting knowingly:

Please note that the import of certain products into your country may be subject to legal restrictions. It is the buyer's responsibility to ensure that the importation of the products purchased is in accordance with local laws."

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frapi07
Elite

gamble1 wrote on 16.06.2024 at 19:40:
As far as I know, this exclusion has mostly tax aspects and not because of the laws but I could be wrong, I don't want to commit myself

Apparently this note is supposed to help legally and protect you because you are not knowingly acting with it:

Please note that the import of certain products into your country may be subject to legal restrictions. It is the buyer's responsibility to ensure that the importation of the products purchased is in accordance with local laws."

Yes, probably.

Interesting. Presumably it's really only the buyer who is legally penalized, because the seller is selling it legally in his home country.

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