Provider

Reclaim BitStarz losses in Austria

Crypto online casino based in Curacao, without an Austrian concession.

Crypto casino No Austrian concession

Have your BitStarz losses assessed

Free initial assessment. You give the loss amount, the operators and the period, the reply comes directly from the firm.

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    Provider data

    Registered office
    Scharlooweg 39, Willemstad, Curacao
    Contracting party
    Dama N.V. (Reg.-Nr. 152125)
    Licence
    Curacao, Lizenz OGL/2023/174/0082
    Parent group
    not stated
    Products
    Crypto casino
    Austrian concession
    no

    Anyone who has lost money with BitStarz can reclaim that loss under Austrian law. The operating entity does not hold an Austrian concession, the gambling contract is therefore void and the stakes are reclaimable on the rules of unjust enrichment. The Austrian Supreme Court has confirmed this line in settled case law, most recently in 6 Ob 31/24p.

    The operator and its licence

    BitStarz is operated by Dama N.V. (Reg.-Nr. 152125), based in Scharlooweg 39, Willemstad, Curacao, and runs a crypto casino for the European market. The company holds the licence Curacao, Lizenz OGL/2023/174/0082. It does not hold a concession under the Austrian Gambling Act. Yet anyone offering gambling services to players resident in Austria needs exactly that concession.

    How casino losses are recovered

    Under settled case law of the Austrian Supreme Court, contracts between Dama N.V. (Reg.-Nr. 152125) and players resident in Austria are void. The amounts paid in were transferred without a valid legal ground and are reclaimable on the rules of unjust enrichment (§ 1431 ff. of the Austrian Civil Code). The Supreme Court confirmed this line most recently in 6 Ob 31/24p. The limitation period is thirty years (§ 1478 of the Civil Code).

    Jurisdiction and enforcement

    Claims are brought before the Austrian court of the player’s place of residence. Enforcement of an Austrian judgment against a company based in Curaçao follows different rules than enforcement within the EU; a direct EU enforcement track is not available. Additional levers come into play, such as personal liability of the acting managing directors or action against European payment service providers handling the casino’s transactions. Commercial enforceability is assessed in the individual case.

    What you need to start

    For a free initial assessment, the operators concerned and an approximate total loss are sufficient. You do not need to gather documents yourself, the firm does that. A response from Dr. Peschel arrives within a few business days. Send a request or read the recovery guide in detail.

    Legal basis by product

    Crypto casino
    Austrian Gambling Act (GSpG)

    Provider data verified and continuously maintained. Updates are tracked in the provider overview.

    Frequently asked

    Frequently asked questions about BitStarz

    Is BitStarz legal in Austria?
    BitStarz is operated by Dama N.V., based in Curaçao, which holds no Austrian gambling concession. Anyone offering a crypto casino to players resident in Austria needs exactly that concession. Without it, the gambling contract is void under settled case law of the Austrian Supreme Court.
    Can I reclaim my losses at BitStarz?
    Because the gambling contract is void, the stakes were paid without a valid legal ground and are reclaimable on the rules of unjust enrichment (§ 1431 ff. of the Austrian Civil Code). The Austrian Supreme Court confirmed this line most recently in 6 Ob 31/24p. Whether and to what extent a recovery can be enforced in the individual case is something we review free of charge based on the amount lost and the period concerned.
    Can a judgment against a Curaçao-based operator be enforced?
    Claims are brought before the Austrian court of the player's place of residence. As Dama N.V. is based in Curaçao, the direct EU enforcement track is not available and enforcement follows different rules than within the EU. Additional levers come into play, such as personal liability of the acting managing directors or action against European payment service providers, and we assess commercial enforceability in the individual case.
    Are my claims already time-barred?
    The limitation period for unjust enrichment claims is thirty years under § 1478 of the Austrian Civil Code. Even older losses at BitStarz can therefore usually still be reviewed. We clarify the exact period during the initial assessment.
    What does the initial assessment cost?
    The initial assessment is free of charge. For a first review, the operators concerned and an approximate total loss are sufficient, you do not need to gather documents yourself. A response from Dr. Peschel arrives within a few business days.