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Hi dragimius - welcome to ThePOGG.com!

You would need to provide specific details of the issue you are experiencing before we could offer any comment. However, if this complaint relates to Play n Go games being restricted in Switzerland - and email chains that we have been looped in on at other operators have been - this is a matter for the software provider and operator to resolve between themselves. It is not grounds to contest a refund of your losses.

Thanks,

ThePOGG

Before I answer you in detail: Where do you get the assumption that this complaint is the provider Play'n GO? This is not the case.

Hi dragimius,

This is an English language site - please do not post in other languages.

As explained above, you have included our complaints email address in multiple emails to other operators where you are looking to claim a refund on the basis that the game provider - Play n Go in those instances - did not want their games offered in Switzerland. If this submission relates to the same claim - whether it is Play n Go or another software provider - we need to be clear from the outset, this is a contractual issue between the operator and provider, not something that impacted the fairness of any gambling transaction you engaged. As such we would not pursue losses on this basis.

Please post the details of your complaint here.

Thanks,

ThePOGG

I hereby file a complaint against Fresh Casino, which has violated the license terms of the licensor and their own T&C. 
The activities of GALAKTIKA N.V. are fully licensed and regulated by Antillephone N.V. (license No. 8048/JAZ2016-050 valid until August 15, 2022). I think that the operator is in breach of their license. As requested I contacted the casino several times. Unfortunately, we didn't find each other, which is why I'm filing an complaint. On July 25, 2022 I filed a complaint with Fresh Casino because I felt that as a Swiss citizen I shouldn't have been able to play on the site as Swiss law prohibits foreign casinos from offering games to Swiss people. I have complained that the casino, knowing on this basis, has not put Switzerland on the list of banned countries. But I'm also aware that the legal situation isn't clear and that it's primarily my responsibility whether I'm allowed to play or not. What amazed me, and this is the subject of this complaint, is the casino's response to my above complaint and the application of the T&C that Fresh Casino and I entered into together with my registration as an affiliate. One of the reasons why the casino rejected my complaint was that Article 8.6 prohibits me from filing a complaint about anything. I consider this to be an incorrect and misleading application of paragraph 8.6 of the casino's T&C as this article only says that bookings already made may not be cancelled. Nothing else. Clause 8.6 does not mean that I am not allowed to use Complaints about anything. Fresh Casino informed me:  

“[EDIT], this clause of the rules means that you undertake (…) not to protest the funds on which you have independently made bets. Otherwise, you undertake to compensate all costs of our side in the collection process for the return of your deposits.” 

and

 “Please note that the procedure for dispute of deposited funds is considered a breach of the terms and conditions of the site. This is stated in paragraph 8.6.”  

As I could not understand the interpretation and application of clause 8.6 in the context of a normal complaint, I asked Fresh Casino support again for an explanation. Fresh Casino has informed me that Section 8.6 prohibits players from filing complaints (for whatever reason). As I still couldn't believe this I asked the sister casino Jet-Casino who has the identical T&C and has the same licensor what Article 8.6 means (Jet Casino didn't know that I filed a complaint with Fresh Casino). Jet Casino also told me in no uncertain terms that I was forbidden to file a complaint and ask for money back for whatever reason. I agree with the ADR Allyant Group who told me that clause 8.6 just means no chargebacks are allowed. I find it unacceptable that a casino would lie to players and misapply rules to prevent a player from filing a complaint. How many players refrain from filing a complaint because Fresh Casino misinforms them by saying that Section 8.6 prohibits filing a complaint about anything. As a result, I confronted info@gaminglicences.com about this interpretation of clause 8.6. info@gaminglicences also informed me: 

"The objective of the rule is to avoid unnecessary discussion on consent, since that would be agreed upon in T&C. That includes your confirmation of being an adult, not addicted to gambling and aware of your legal status". 

I mean that article only means that a player is not allowed to make any chargebacks. And if so, then only with the I do not agree. Paragraph 8.6 paymen t of fees. Paragraph 8.6 definitely does not mean "to avoid unnecessary discussion on consent". Every player should have the right to lodge a complaint at any time and on any point. question. With my registration on Fresh Casino, the casino also agreed to have read, Whether he is then right is a secondary understood and accepted the T&C. Since I doubt that the casino has understood its own T&C and consequently also applies it correctly, I demand the nullity of our contract entered into upon my registration due to gross misleading and unfairness of the application of the T&C against my rights as a player and consequently also demand the invalidity and repayment of my total deposits of 6259 E uros since my  registration.

I now politely ask for a serious, quick and thorough review of my complaint.  I ask convinced that according to the license terms, every player has the right to complain and must not be misled by the casino with false statements and prevented from ultimately filing a complaint. I also consider the rejection of a complaint with reference to Article 8.6 to be unlawful. 

Kind regards 
[EDIT]

Hi crotomi83,

Unfortunately there is nothing we can do to help you in this instance. As explained in our <a href="https://thepogg.com/guides/how-to-report-complain-about-an-online-casino/">Complaints FAQs</a> we do not pursue refunds of losses based on lack of license. If your own government cannot prevent unlicensed operators from accepting their citizens, there is no possibility of the operator offering a refund simply on the basis of us asking them to.

While we agree with you regarding the validity of term 8.6, this is a matter that the Curacao regulators would need to address. This regulatory scheme allows a great many problematic practices to be engaged by their licensees.

Sorry we cannot be of further help.

ThePOGG

I'm a bit desperate because I'm being pushed back and forth by the institutions. Where and how can I file a complaint against the game provider Play N Go? Play N Go is also licensed and regulated by the MGA, among others.

Many thanks for your tip.

Hi dragimius,

Unless the matter was at an MGA licensed operator, the MGA would not take any part in any dispute you have.

We are not aware of any system available for players to raise disputes against software providers and certainly none in Curacao.

Sorry we cannot be of further help.

ThePOGG

Good day

After your research and exploration, have you undoubtedly found out whether it is possible to file a complaint against the game provider Play N GO with the MGA? Play N Go is also licensed and regulated by MGA.

Hi dragimius,

Yes, Play n Go are MGA licensed. But Fresh Casino are not.  The MGA do not regulate Play n Go's activities outside of their conduct with MGA licensees.

We have already answered your questions on this matter and as previously expressed, there is nothing further we can do to assist you.

ThePOGG

Good day. I withdraw my complaint against Fresh Casino. Could you delete my complaint and the conversation here? Thanks.

Hi dragimius,

Every submitted complaint received a published complaint report. We will however ensure any personal information is redacted prior to that happening.

ThePOGG

Good day

I know that this has nothing to do with this complaint directly, but I don't want to write an email unnecessarily and flood your inbox :)

I received a decision regarding a complaint from e-Gaming Curacao today. If you are interested, get in touch.

I just read your review of PlayAmo. You give this casino a very bad reputation. I have a question: PlayAmo and BobCasino are partners. Is this compatible with the regulations of the MGA (for example regarding regulations on key functions and outsourcing regulations) that casinos licensed by Antillephone (Curacao) and casinos licensed by MGA have the same management, support, complaints department?

Hi dragimius,

There are no issue with MGA licensees running different - or even the same - brands on other licenses outside of the MGA licensing system. A large number of licensees do this. And no, this does not involve "outsourcing". 

Thanks,

ThePOGG

This issue is a contractual matter between the operator and the supplier that did not impact the fairness of the gaming experience by the player in question. There's no grounds for the player to seek a refund on this basis.

Good day
 
 The complaint goes against the Fresh Casino.
 
 Fresh Casino writes on its website that I can contact any ADR in case of a complaint.
 
 Unfortunately, it is not an MGA casino, but the case is very interesting. It would be nice if I could know your opinion. I want to know if I've gone totally crazy :)

Fresh Casino - Оperator is in breach of their license and T&C

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