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  #1  
Old 05-15-2009, 09:03 AM
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Banned from online casino

Hi,

Ok well you're probably going to think I'm some stupid kid whining about losing money in a Casino. Well you're right!

But advice would be nice. Now I guess this forum is for American law, but maybe someone can give me some insight or they know where to look this stuff up. I am from Ontario, Canada and I am 18 years old. The gambling age here is 18. I was unaware that inorder to enter a casino though, you need to be 19. I know ignorance is no excuse for breaking the law, but I don't even know how I was supposed to know this whenever I buy lotto tickets all the time, and have gone to bingo with real money on several occasions. I've also entered a casino, but I didn't realize that it was in another province as the city was on the border of the province.

I had about 200 dollars left on my account, and they banned me for being underaged in my jurisdiction. This online casino is situated in the Netherlands where the age is 18. Now my question is, are they required to refund me? Does an online casino count as "entering a casino" since it's not a real physical casino? And why didn't they ban me 2 months ago when I registered..

The ToS of the casino said you must know the laws in your own jurisdiction before joining. But is a ToS legally binding?

All information is greatly appreciated.


Edit: I just talked to their staff. I asked if I could claim my account back when I was 19 in a couple of months. They said no, and that my money has been confiscated permanently.
Last edited by jamie9; 05-15-2009 at 11:46 AM.
  #2  
Old 05-15-2009, 11:54 AM
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Posts: 6,673
In the United States, contracts (like ToS') are legally binding. While I don't know, I bet they are in Canada too.
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  #3  
Old 05-15-2009, 12:10 PM
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Quote:
Originally Posted by tranquility View Post
In the United States, contracts (like ToS') are legally binding. While I don't know, I bet they are in Canada too.
Not that it matters, since this isn't a Canadian law question either
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  #4  
Old 05-15-2009, 12:13 PM
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Quote:
Originally Posted by Zigner View Post
Not that it matters, since this isn't a Canadian law question either
indian reservation law?
  #5  
Old 05-15-2009, 12:19 PM
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Quote:
Originally Posted by IsabellaSoriano View Post
indian reservation law?
Quote:
Originally Posted by jamie9 View Post
This online casino is situated in the Netherlands
I'm thinking it's a bit further than that
__________________
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #6  
Old 05-15-2009, 12:22 PM
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Quote:
Originally Posted by Zigner View Post
I'm thinking it's a bit further than that
dur, my bad. i saw canada and stopped.
  #7  
Old 05-15-2009, 12:22 PM
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Quote:
Originally Posted by jamie9 View Post
Edit: I just talked to their staff. I asked if I could claim my account back when I was 19 in a couple of months. They said no, and that my money has been confiscated permanently.
Under contract law and gambling law they are allowed to keep your fraudulent stake.
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  #8  
Old 05-15-2009, 01:15 PM
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Posts: 75,781
Quote:
Originally Posted by jamie9 View Post
Hi,

Ok well you're probably going to think I'm some stupid kid whining about losing money in a Casino. Well you're right!

But advice would be nice. Now I guess this forum is for American law, but maybe someone can give me some insight or they know where to look this stuff up. I am from Ontario, Canada and I am 18 years old. The gambling age here is 18. I was unaware that inorder to enter a casino though, you need to be 19. I know ignorance is no excuse for breaking the law, but I don't even know how I was supposed to know this whenever I buy lotto tickets all the time, and have gone to bingo with real money on several occasions. I've also entered a casino, but I didn't realize that it was in another province as the city was on the border of the province.

I had about 200 dollars left on my account, and they banned me for being underaged in my jurisdiction. This online casino is situated in the Netherlands where the age is 18. Now my question is, are they required to refund me? Does an online casino count as "entering a casino" since it's not a real physical casino? And why didn't they ban me 2 months ago when I registered..

The ToS of the casino said you must know the laws in your own jurisdiction before joining. But is a ToS legally binding?

All information is greatly appreciated.


Edit: I just talked to their staff. I asked if I could claim my account back when I was 19 in a couple of months. They said no, and that my money has been confiscated permanently.
**A: you have no case.
  #9  
Old 05-15-2009, 01:21 PM
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Quote:
Not that it matters, since this isn't a Canadian law question either
You sure about that?

If I make a contract with a website out of Pago Pago from California and the contract is breached, who's laws will govern?
__________________
When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it.
--W. T. Pooh (aka A. A. Milne)
  #10  
Old 05-15-2009, 01:44 PM
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Posts: 21,670
Quote:
Originally Posted by tranquility View Post
You sure about that?

If I make a contract with a website out of Pago Pago from California and the contract is breached, who's laws will govern?
Depends on the TOS. But I'm willing to bet the pagoians have their tushes covered!
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #11  
Old 05-15-2009, 02:55 PM
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Join Date: Feb 2007
Posts: 8,234
You have no redress in US courts and hence any thing you can do is outside the scope of these forums.

I can tell you if you walked into a US casino under age, you'd be quickly shown the door or worse. They might not afford you the oppurtunity to cash in there either.
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  #12  
Old 05-15-2009, 03:15 PM
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Quote:
Depends on the TOS.
Choice of law provisions in contracts have *generally* been upheld between states in the U.S.

Internationally, it's all treaty. I know an international franchise law attorney. She, well, I think you can guess what one of those might do. There is A LOT of time and expense and, often, litigation on the question when a provision is not specifically covered by treaty.

I know the answers you've given were not meant to be substantive, but international is hard. We cannot just extrapolate from what we know.
__________________
When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it.
--W. T. Pooh (aka A. A. Milne)
  #13  
Old 05-15-2009, 03:40 PM
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Join Date: Jan 2005
Posts: 21,670
Quote:
Originally Posted by tranquility View Post
We cannot just extrapolate from what we know.
I definitely agree
__________________
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
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