Sesizare catre BWIN

ATTN: BWIN Interactive Entertainment AG

Customer Service Support

Dear Sir or Madam,

The purpose of the present correspondence is to address a claim raised by Mr. Mihaly Fulop (Cluj Napoca, Romania) against your company, BWIN Interactive Entertainment AG (hereafter Bwin). As the appointed legal adviser of Mr. Fulop, I have been given the task to elaborate on the matters pertaining to this conflict.

Mr. Fulop has contacted our organization and has requested legal advice on a matter involving failure to reimburse a payment he has made towards your company. The T.M.C. Asser Institute (The Hague, The Netherlands) offers remunerated legal advice in extra-judicial matters and assists clients in finding appropriate counsel in judicial matters.

I. Statement of Facts

Mr. Fulop has made payments amounting to 30 RON (Romanian Lei) for and from his account on www.bwin.com on the 3rd of November 2008. The account, however, was instantly closed. Mr. Fulop made an inquiry over the reasons of such actions and was requested to send copies of his identity card and credit card. Upon agreement with the Bwin Customer Service Support, the copies were sent (with the credit card numbers partly deleted) and the account was reopened for a short time. After placing of three bets, the account of Mr. Fulop was, without further notice, disabled. Despite the subsequent inquires of our client, the reasons for disabling the account have not been conveyed and the payment made has not been reimbursed up to this day. On the 28th of November 2008, Mr. Fulop received an email from the Bwin Customer Service Support Team with the following message:

“We can confirm that your account has been closed due to security reasons and will not be reopened. We can confirm that the appropriate authorities would be the police. If you wish to make a complaint please do so. We will then supply all information in regards to your account to these authorities.”

II. Legal claim pertaining to the facts

Mr. Fulop contends that

(1) his account was disabled without further notice and without any apparent justification, in contradiction with the terms and conditions of Bwin

(2) the payment he has made has not been reimbursed, although he retains the right to such repayment, in contradiction with the terms and conditions of Bwin

(3) the final explanation received does not contain any specific information and the reference to the “appropriate authorities” and “police” amount to a violation of Article 205(1) of Act No. 1960-17 (Criminal Offences Act, Gibraltar).

III. Discussion

In order to analyze the present claim, the Terms and Conditions of Bwin (as formulated on https://help.bwin.com/General/Legal/general_tac_overview.aspx?sc_lang=en accessed on 28.11.2008) and the Criminal Offences Act of Gibraltar (Act No. 1960-17) will be used.

(1) Disabling of the account

According to the Terms and Conditions of Bwin, the causes for closing or disabling an account are the following:

user below the minimum legal age for participation as specified by his respective national law, or user lacking the capacity to enter into an agreement with the company (point 6 – Liability/data processing)

suspected manipulations or fraud, and in case of any violation of these Terms and Conditions, in particular the multiple simultaneous participation in games and the opening of several accounts (point 5 – Registration/betting account)

On the basis of these provisions, the burden of proof lies with Bwin to demonstrate that either of these situations is relevant. The sole explanation conveyed to Mr. Fulop is that his account has been closed “due to security reasons”. Such explanation does not fulfill the requirements prescribed by Bwin’s own Terms and Conditions, because it does not demonstrate the existence of any of the above-mentioned situations.

(2) Failure to reimburse payment

According to Point 5 of Registration/betting account of the Terms and Conditions, in the event of closing the account, “the company will pay the user any real money balance in his betting account after deducting a handling charge of 10%, provided that this has been acquired in a lawful manner.”

Moreover, according to the last paragraph of the Account credits section of the Terms and Conditions,

“If, for technical reasons, a deposit onto the user’s account overlaps with the closure of the account at the user’s initiative or by the company, this circumstance will be pointed out to the user and the user will be requested to provide account details in order to ensure the immediate return payment of the full amount (less any charges incurred).”

Since Mr. Fulop account has been closed and Bwin already has his account details, on the basis of above-mentioned provisions, Bwin is bound to make a reimbursement of 27 RON to Mr. Fulop, payment that has not taken place as yet.

(3) Breach of Article 205(1) of Act No. 1960-17

The wording of the email sent on 28.11.2008 by the Bwin Customer Service Support Team refers to “security reasons” for closing the account and pledges that in case of a complaint, the account information will be sent to the “appropriate authorities”, i.e. “the police”. Apart from the inacceptable vagueness of such a response, vagueness that goes against the right to information of any customer, the wording of the message also amount to a breach of Article 205(1) of Act No. 1960-17, the applicable law chosen by Bwin.

According to Article 205(1)

“A person who obtains or attempts to obtain any sum of money or other reward from any person by threatening directly or indirectly to lodge any information or make any complaint before a magistrate for any offence, or as an inducement for forbearing to lay such information or make such complaint, is guilty of an offence and is liable on summary conviction to a fine at level 3 on the standard scale.”

The wording of the message contains a threat that aims to preclude Mr. Fulop from filing a complaint against the company, practice that amounts to the offence described by Article 205(1).

IV. RELIEF SOUGHT

(1) Mr. Fulop does not wish to reopen his account with Bwin, due to the unfortunate experience that he had as a customer. Nonetheless, he wishes to be informed as to the reasons of the disabling of the account. For that reason, Mr. Fulop requests the Customer Service Support to elaborate on the reasons for disabling the account.

(2) The reimbursement of the payment made by Mr. Fulop has not yet taken place. It is the expectation of our client that such reimbursement (27 RON) will, nonetheless, take place in the following 15 days (to be calculated from the time of receiving this communication)

(3) It is the right of Mr. Fulop to receive adequate information regarding the disabling of his account without threats preventing him from pursuing such right. Legal claims pertaining to this particular point will not be made at this time.

By

In case none of the above-mentioned requests will be addressed in the following 15 days (calculated from the time of receiving this communication), Mr. Fulop reserves the right to file a further legal notice and alter the relief sought. Further, in case of no response, Mr. Fulop will be assisted to take additional steps in furtherance of his claims.

Submitted to BWIN Interactive Entertainment AG on 02.12.2008,

Kinga, My friend :D:D , LLM, MPhil

Legal Adviser T.M.C. Asser Institute

(The Hague, The Netherlands)

R.J. Schimmelpennincklaan 20-22

Den Haag 2517 JN

Tel.: (+31) – 70 3420300‎

Fax: (+31) – 70 3420359‎

Note. this correspondence will also be sent through fax in due course.

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~ by fulopmihaly on December 4, 2008.

5 Responses to “Sesizare catre BWIN”

  1. si ti-au dat banii? sunt in aceiasi situatie in care ai fost tu , numai ca suma este cu mult mai mare. Te rog daca poti sa imi dai vreun sfat , ti-as fii foarte recunoscator. Multumesc anticipat

  2. la mine a fost asa=pariam live pe footbal si la un moment dat nu au mai fost bani in cont,surpriza,1800 euro sau evaporat,au zis cei de la bwin ca am intrat pe EUROPEAN ROULETTE in sectiunea minigames,adica au pariat ei banii mei

  3. Salut,
    Va rog sa-mi spuneti daca ati reusit sa va recuperati banii. Eu am o problema http://www.betoto.com (o subsidiara a bwin).
    Eu am depus 3.000 de EURO si am reusit sa-i inmultesc pana la 17.200 EURO iar acum mi-au inchis contul si nu vor sa-mi dea banii.
    Va rog sa-mi spuneti cum pot sa-mi recuperez banii. Cred ca o sa merg si la politie deoarece asa ceva este inacceptabil.
    Eu am pariat timp der 6 luni doar pe meciuri live. Nu am castigat acesti bani punand o suma mare pe un meci aranjat sau ceva asemanator. In general pariam cate 200-250 EUR pe pariu.
    Simt ca inebunesc….

  4. Salut,
    Va rog sa-mi spunetoi daca ati reusit sa va recuperati banii. Eu am o problema cu http://www.betoto.com (o subsidiara a bwin).
    Eu am depus 3.000 de EURO si am reusit sa-i inmultesc pana la 17.200 EURO iar acum mi-au inchis contul si nu vor sa-mi dea banii.
    Va rog sa-mi spuneti cum pot sa-mi recuperez banii. Cred ca o sa merg si la politie deoarece asa ceva este inacceptabil.
    Eu am pariat timp de 6 luni doar pe meciuri live. Nu am castigat acesti bani punand o suma mare pe un meci aranjat sau ceva asemanator. In general pariam cate 200-250 EUR pe pariu.

  5. scuze am postat de dou ori.
    please help!!!

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