Only one online casino is permitted in Austria
In Austria, only a single provider currently holds a licence for online gambling, win2day, operated by the Austrian Lotteries. Every other online casino offers its games without an Austrian licence. That is prohibited gambling.
The civil-law consequence is unambiguous. The gaming contract with an unlicensed provider is void, the stakes were paid without legal cause and are recoverable under the rules on unjust enrichment (Sections 1431 ff ABGB), reduced by any winnings paid out. The Supreme Court has confirmed this line in settled case law, most recently in 6 Ob 31/24p. The claim is subject to the general 30-year limitation period under Section 1478 ABGB, so even losses further in the past can generally still be enforced. Whether a claim exists in an individual case and how high it is, we assess free of charge and without obligation.
How a refund works
The path from the first message to the lawsuit follows a fixed sequence. You yourself are only involved at the beginning, the rest lies with the firm.
Step 1: You contact us. You write to us via the contact form or by email and tell us two things: which casino you played at and roughly how high your losses were. We do not need more to get started. You do not have to enclose a detailed statement or any documents.
Step 2: You receive a free initial assessment. We get back to you within a few days and tell you how we assess your case. This initial assessment is free of charge and without obligation.
Step 3: Documents and, on request, litigation funding. If the assessment fits, we send you all the necessary documents. If you wish, you will also receive all the information on litigation funding. We work exclusively with experienced and reputable litigation funders, so that you can pursue the proceedings without any cost risk of your own.
Step 4: We start the case and obtain the data from the casino. As soon as all necessary documents are complete, we start your case. As a first step, we request all the required information directly from the online casino on your behalf, on the basis of the General Data Protection Regulation. You do not have to obtain your playing history yourself.
Step 5: Analysis and confirmation. Once the official information is available, we evaluate the documents and the amount of the losses, including any sports-betting losses. We set out the result in a comprehensible way and submit it to you for confirmation before things proceed.
Step 6: Letter of demand. As soon as we have your confirmation, we approach the casino with a letter of demand and request the repayment of your losses.
Step 7: Lawsuit at a court near you. If the provider does not comply with our demand, we file suit at an Austrian court, as a rule at the consumer’s place of residence. The claim is brought and assessed under Austrian law.
Frequently asked questions
What details do you need from me to start?
Two: which casino you played at and roughly how high your losses were. Nothing more is needed for the first message. You do not have to provide documents, bank statements or a playing history.
What does the first assessment cost me?
Nothing. The initial assessment is free of charge and without obligation.
Do I have to request the documents from the casino myself?
No. We obtain the required data from the provider ourselves, on the basis of the General Data Protection Regulation. The firm handles this part entirely.
Do I bear a cost risk if I sue?
On request, no. We work with experienced and reputable litigation funders, so that the proceedings can be conducted without any cost risk of your own. You receive all the information on this before any decision is made.
Are sports-betting losses taken into account as well?
Yes. In the analysis we also take losses from sports betting into account and set these out separately.
How long do I have to reclaim my losses?
The claim is subject to the 30-year limitation period under Section 1478 ABGB. Even losses further in the past can therefore generally still be enforced. A case-specific assessment remains necessary.
What you can do now
For the free initial assessment, the casino concerned and the approximate total loss are enough. You do not have to obtain any documents or request them from the casino, the firm handles that entirely. The answer comes within a few working days directly from us, the law firm of Dr. Oliver Peschel. We are pioneers in casino refunds with experience since 2019 and thousands of successfully concluded cases. Send us a non-binding enquiry right now!