Disputes between End User and Operator
Introductory
In this section, the rules and regulations regarding disputes between players (“End Users”) and Operators are discussed.
General rule
Any communications with End Users should be handled by the Operator in a professional manner. CEG shall only intervene if it finds that the said communications have not been in line with set policies. CEG should only be contacted by players when they believe an Operator is in breach of their license. All disputes with an Operator about a payout, a blocked account, a delay, broken features and so on, should first be taken up directly with the Operator. If no resolution is found, the End User may escalate the matter to CEG. Below you will find the rules and regulations for CEG intermediary complaint handling, describing the procedure. You will als find rules and regulations regarding complaint handling by operators.
Rules and regulations pertaining to first line complaint handling by operators (not CEG)
Rules and regulations pertaining to first line complaint handling by operators (not CEG)
The Operator is obliged to include in its Terms of Service, the obligation of the End User to notify, as a Complaint, the Operator within seven Calendar Days after the Session Date, that he disagrees, as a Complaint, with the outcome of a specific Game of Chance.
The Operator is obliged to include in its Terms of Service, the obligation of the End User to notify, as a Complaint, the Operator within one (1) Calendar Month after the Session Date, that he, as a Complaint, disagrees with any other matters, not directly related to the outcome of a specific Game of Chance, however in relation to his Account, such as however not limited to matters of Payout, Suspension and the Calculation of bonuses.
The Operator is obliged to include in its Terms of Service, the obligation of the End User to notify, as a Complaint, the Operator within one (1) Calendar Month after the Session Date, that he, as a Complaint, disagrees with any other matters, not directly related to the outcome of a specific Game of Chance, however in relation to his Account, such as however not limited to matters of Payout, Suspension and the Calculation of bonuses.
The Operator has the option to propose to the End User an attempt to resolve the Complaint by means of Mediation, which shall process shall be non-binding and voluntary.
If the Operator does not follow CEG rules for complaint handling, it needs to report this to CEG
The Operator shall file an Incident Report with CEG if a Complaint has not been handled in line with the Standards of Good Industry Practice. This shall always include Complaints by any Third Party that have not been resolved after fourteen (14) Business Days.
Unresolved disputes shall be handled by means of arbitration
The Operator is obliged to include in its Terms of Service, an exclusive referral of any unresolved disputes to binding Arbitration, that shall as an exclusive forum resolve the matter. The Operator shall be allowed to opt for any forum of Arbitration, under the condition that meets the following cumulative qualifications:
(a) the arbitral tribunal has been established by national law of the nation in which it resides; (b) the arbitral tribunal resides within any of the member states of the EU or the United Kingdom; (c) arbitral procedures have not been flagged by any regulatory body of the EU as partial and, or substandard;
(d) the place of arbitration shall be within the EU or the United Kingdom; (e) arbitral proceedings shall be held in the English language; and (f) the Aggregator has approved the said mandatory reference.
The time to start an arbitration is limited
The Operator is obligated to register their choice of mandatory reference with the Aggregator, as soon as the IP Agreement has entered into force. The Operator is obliged to include in its Terms of Service, the obligation of the End User to initiate the procedure of binding Arbitration as meant within three hundred and sixty five (365) days after the Session Date. Failure to do so shall result in any potential claims, rights or entitlements to compensation, damages, expenses becoming unenforceable.
The Operator is not allowed to settle unresolved disputes, exceeding EUR 12,500 without CEG’s prior approval
The Operator shall refrain from committing to any settlements, statements or otherwise in matters of binding Arbitration, exceeding an interest of twenty five thousand Euro without proper and timely consultation of the Aggregator, with at least giving notice of five (5) Business Days to the Aggregator of the intention to settle.
The Operator needs to report escalated disputes to CEG
In the event any action, suit or proceeding is brought against the Operator or its affiliated company by a Third Party, with respect to which the Operator may have liability the Operator shall report, as an Incident, to CEG of such claim or liability within two (2) Business Days.
Rules and regulations pertaining to the CEGs intermediary complaint handling service
CEGs intermediary service (“ICHS”) is structured in a four-step process:
(i) The Validation Process;
(ii) Complaint Handling after Validation;
(iii) Optional Discovery;
(iv) Final Determination and Optional Appeal;
Step 1: The validation process
CEG shall first determine whether the said message meets the minimum requirements to be deemed a complaint (the "Complaint") for purposes of Alternative Dispute Resolution ("ADR"). This process is called validation. For this, the message needs to include the full name of the person that has sent the said message (the "Player"), a valid email address of the Player as well as a valid ID of the Player.
Furthermore, the message needs to have been sent via the seal on the Website to which that message is related. The content of the message should hold in understandable language, a clear description or explanation of any type of grievance in connection with the Website. Last, the message, for purposes of ADR must show intent to settle the said grievance outside of the courtroom by means of evaluation, negotiation, conciliation, mediation and/or arbitration, as grievances that have been escalated to the courts or of which escalation has become imminent, they, pending litigation, can no longer be resolved via means of ADR.
If the said message does not meet the minimum requirements as described, it shall be dismissed without informing the operator (the "Operator") of the Website. A response of the said dismissal shall only be sent to the email address from which the original message has been received.
If the said message does meet the minimum requirements as described, the Player as well as the Operator shall be informed that the message has been successfully validated as a Complaint. Only the Player is allowed to file a Complaint. CEG cannot validate messages that have been sent in on behalf of someone else without proof of a proper mandate. Those messages will therefore be dismissed.
By opting for CEG’s ADR-procedure, which is free of charge and non-mandatory and by agreeing to its conditions, the Player and Operator (the "Parties") both explicitly confirm that they shall accept rulings by CEG’s intermediary ADR professional as final. Therefore, the moment the said grievance shall have been validated, Parties shall have relinquished their right to resolve the dispute within a courtroom. Parties can no longer opt out of ADR once the said grievance has been properly validated.
CEG will inform you on the next steps once it has been able to either dismiss the message or to validate it as a Complaint, which process shall be completed within a maximum of seven calendar days. You are kindly requested to await further confirmation by CEG and to not send any additional information regarding this matter until the message has been properly validated as a Complaint for purposes of ADR. Any information being sent to CEG in this matter prior to the said validation of the message shall be ignored, with the exception of a request by the Player to cancel the ADR-procedure, and should be resent after the message has been properly validated.
Any misuse of CEG intermediary services may result in temporary or permanent exclusion from CEG rendered services.
Step 2: Complaint handling after validation
Once the complaint has been validated in accordance with the IP-agreement, the operator is required to provide CEG and the Player with proof within seven calendar days after having received a formal notice, that the Operator has reached out to the Player and that it is working to resolving differences between the Operator and the Player. CEG shall monitor mutual attempts to resolve the said dispute as part of its ADR procedures. All communications must be respectful and to the point and responses need to be truthful and filed timely. Statements must furthermore be accompanied with evidence and proper ID. Failure to abide by these guidelines may lead to CEG making a preliminary decision in favour or against either Party without weighing any further details, which could mean awarding the complaint or dismissing it ahead of time. By following the said ADR procedure, both parties shall accept to abide by the final word of CEG in the matter. CEG will only accept this communication thread in the matter. Other communications will be ignored and shall not be part of the ADR-case file. CEG has CC’d in the Player, and it is mandatory to keep all recipients CC’d at all times.
Step 3: CEG may need more information after both parties have responded
In order for CEG to process the complaint further it may ask parties for information, documentation or evidence that support their position. If this happens, CEG shall include both parties in the email, and it is mandatory to keep all recipients included in all correspondence at all times, unless any of the above contains confidential and/or sensitive details such as method of investigation, third-party data or similar details, which can pose a security risk. In those circumstances, the information should be sent directly without copying the other party.
Step 4: Final determination (ruling) by CEG’s ADR Department and option to appeal
After CEG has reviewed all documentation that has been filed by the parties and it has been established that both parties have been granted ample time to communicate their statements and provide evidence supporting their statements, CEG shall make its final determination in the matter. Both parties may file an appeal against this ruling within seven days with CEG’s ADR Appeals Commission, by responding to the email. Appeals that have not been timely received or do not include proper identification, new evidence and/or motivation of the appeal shall be ignored.
The Operator is solely responsible for the handling of communication with the End User, including however not limited to complaints filed by or on behalf of the End Users. Complaints of End Users should be addressed properly, timely and in accordance with the Standard of Good Industry Practice, at the latest fourteen (14) Business Days after said Complaints have been filed.
Proper complaint procedures and terms of service
The Operator is obliged to have a procedure in place that allows for the proper escalation, reporting and registration in the handling of Complaints of End Users, including however not limited to directions available to the End User on how to file a Complaint. The said Procedure needs to be accessible by the End User via a link on the website. The Operator is furthermore required to include the said Procedure in its Terms of Service.