Reclaim BitCasino.io losses in Austria

BitCasino.io in Austria: no licence, losses reclaimable

BitCasino.io (operator Moon Technologies B.V., Willemstad, Curaçao, licence OGL/2023/111/0069 of the Curaçao Gaming Authority) does not hold a licence under the Austrian Gambling Act. Gambling losses of players in Austria are therefore recoverable from the provider under civil law in many cases, even where deposits were made in Bitcoin or other cryptocurrencies.

BitCasino.io went online in 2014 as one of the first pure Bitcoin casinos and is widely regarded as a pioneer of crypto gambling. Anyone reading a BitCasino.io review encounters an offering of casino games, live casino, sports betting and poker tables. The contracting party for players in Austria is Moon Technologies B.V., with its registered office in Willemstad, Curaçao. Deposits are predominantly made in cryptocurrencies such as Bitcoin, Ethereum, Litecoin, Tether and comparable coins, while classic euro accounts play only a minor role at BitCasino.io.

What a reclaim with BitCasino.io means

Crypto reconstruction, our focus with BitCasino.io: BitCasino.io is a Bitcoin casino and settles in a crypto-native way, so your losses do not appear as a euro figure on a bank statement. We read out your wallet transactions, reconcile them with the public on-chain history of the deposits and convert every single movement into euros at the documented rate on the day of the transaction. This method is recognised before the Austrian courts. It proves the actual loss over the entire period, even if you no longer have all the transactions to hand.

Casino and poker losses: Without an Austrian licence, the contract with Moon Technologies B.V. is void and the stakes are reclaimable. Crypto stakes are treated legally in exactly the same way as classic casino money in euros, they are simply converted into euros beforehand.

Betting losses: Sports betting is legal in Austria. A reclaim is only possible here through partial legal incapacity under Section 865 Austrian Civil Code.

Legal basis: Anyone who loses money at a provider without an Austrian licence has paid without a valid contract and can reclaim the stakes. The Austrian Supreme Court (OGH) most recently confirmed this recoverability in its decision 6 Ob 31/24p. There are thirty years to pursue the claim (Section 1478 Austrian Civil Code), so even older losses are usually still enforceable. The fact that BitCasino.io’s terms choose the law of Curacao makes no difference, because Curacao lies outside the EEA. The Court of Justice of the EU clarified in case C-77/24 that a choice of law in favour of the provider’s law does not prevail against consumers. The claim is filed in Austria and decided under Austrian law.

A claim against a Curacao company such as Moon Technologies B.V. is more demanding in the proceedings than against a company inside the EU. Service takes longer and the later enforcement needs to be well prepared. We decide in the initial consultation based on the amount of the losses and the prospect of actually being able to enforce a judgment.

How a reclaim with BitCasino.io works

1. Enquiry with a rough estimate. You contact us with your approximate loss and the cryptocurrencies you used at BitCasino.io. A rough estimate is enough, you do not need to know the exact amount.
2. Free initial assessment. We review your case and get back to you with an initial assessment of the prospects. This assessment is free of charge for you.
3. Contract and start. If the assessment is positive, you receive all the information and the contract from us to begin reclaiming your losses. For the reconstruction you provide us with your wallet addresses and any exchange statements, from these we determine stakes and payouts over the entire period.
4. Cooperating lawyers handle the proceedings. Experienced cooperating lawyers conduct the proceedings, as a rule at the court responsible for you in Austria. They support you from the outset and answer all your questions. You never have to travel to the country where BitCasino.io is based, namely Curacao. In most cases you simply appear at your competent Austrian court for the hearing.
5. Serving the claim. It typically takes six to nine months until the claim has been served at the registered office of Moon Technologies B.V. in Curacao and the hearing takes place.
6. The hearing. A hearing in Austria is not an interrogation, it takes place in a matter-of-fact atmosphere. The image of court proceedings known from US films does not apply to Austrian courts, where matters are handled objectively. The cooperating lawyers are at your side throughout the proceedings.
7. Payment and enforcement. If the proceedings end in your favour, payment usually still takes some time, because the defendant casino tends to use up all the deadlines the legal framework allows. If payment then fails to arrive, the cooperating lawyers pursue enforcement, known in Austria as Exekution, at BitCasino.io’s registered office in Curacao.

We conduct the litigation at our cost, no upfront payment for lawyers applies to you. If successful, R. M. Prozessfinanzierung GmbH retains 45 percent of the amount obtained, and the remaining amount goes to you.

Player protection and help

If you have the feeling that you can no longer control your own gambling behaviour, you can find anonymous advice and concrete points of contact at the help services of the Federal Ministry of Finance. This help is independent of any reclaim.