Curaçao-licensed online casinos could soon prevent players from using third parties in financial claims after a recent court ruling.
In a case involving Gaming Services Provider and The Foundation for the Representation of Victims of Online Gaming (SBGOK), the Joint Court of Justice said that it is not ‘inherently unreasonable’ for casinos to include a rule prohibiting claims from being transferred to third parties within their terms and conditions.
The judge noted that operators are already required to conduct checks to prevent fraud and money laundering. They also said that players would not be able to circumvent such terms by solely asking organisations such as SBGOK to collect money on their behalf.
It’s a decision that could have significant implications for players of Curaçao-licensed casinos.
On SBGOK’s website, the foundation described cases against such operators as complex and carrying high financial and legal risks, meaning that it is difficult for individuals to pursue claims without the aid of such organisations.
In the above mentioned case, five of the seven players involved transferred their case to SBGOK as they seek to recover figures ranging from several thousand to tens of thousands of US and Canadian dollars.
According to SBGOK, it takes a pre-arranged fee of between 25% and 35% from players in successful cases.
Operators licensed by gaming hubs such as Curaçao and Malta have faced a number of financial disputes from players based in Europe, but are often protected by the jurisdiction’s laws and will feel emboldened by the latest ruling in Curaçao.
However, a recent decision by the Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, St. Eustatius and Saba in favour of an Austrian player may have set a precedent in favour of claimants.
The court ruled that an Austrian court judgment against Raging Rhino N.V. would be recognised in Curaçao, meaning the operator must now return the €25,518.42 the player lost.
Since then, however, the Court of First Instance of Curaçao has ruled in favour of a licensed operator following a claim by a player based in Saudi Arabia seeking to recover €7.8m in gambling losses.
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