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Legal Ease
Legal Ease, Lawyer
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I placed a bet on a site called BET365. My wager was $300

Customer Question

I placed a bet on a site called BET365. My wager was $300 and the bet was paying $12,300 if it came through. I took the outcome of the game to be a tie. The game luckily went to overtime and I realized the bet wasn't settled. I used the sites Chat feature to contact one of their staff (which I have the full transcript of). The staff member confirmed in writing that the bet was a winner as he stated "it is a winning bet" and assured me that it will be paid out as the traders are looking into it. I contacted them while the game was still in Overtime and they confirmed this. After the game ended (due to a FG in the last second), one of the teams won in the last second and the game ended in overtime with a winner. The bet was then changed to "lost" as the outcome. I called in and spoke with another person and they also confirmed that the bet was a winner and it was settled incorrectly. They said that I will get paid within an hour as the traders are very busy. The next day I noticed I wasn't paid out and called in. The person I spoke with said that it was settled correctly and I will not be paid out. I had my friend call in about the same bet and he asked a third person that works there if he placed the same bet, if overtime would count. The employee put him on hold to check, and he came back and said that it does not include overtime. The outcome is determined in regulation. Even after three different people confirmed that it was a winner, the supervisor then came on and said that its in the terms and conditions that overtime is counted. When I looked in the terms it was very vague: http://help.bet365.com/en/rules/rules-sports/american-football.
Can I sue for punitive and the fact that 3 different people on their team misinformed me? I've also lost a lot of money on the site to date and just want them to own up to their mistake regardless what the terms say (as they are not clear anyways).
Submitted: 2 months ago.
Category: Canada Law
Expert:  Legal Ease replied 2 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 2 months ago.

I am sorry to hear that this happened to you.

Where are they located?

Customer: replied 2 months ago.
Thank you!
Expert:  Legal Ease replied 2 months ago.

I am sorry to hear that this happened to you.

Where are they located?

Customer: replied 2 months ago.
the UK and I live in Canada
Customer: replied 2 months ago.
Jamie B Hello, welcome to bet365 Live Chat. How may I help you?Ahmed Hi JaimeAhmed I am inquiring about my betJamie B Hello.Ahmed I want to know why its not settled yet?Ahmed I took Tie and the game finished as a tieJamie B May I please have the bet reference? This can be located at the top of the bet confirmation within your bet history and displays in the following format; AB0123456789X.Ahmed HK8146803510WAhmed and please don't tell me that it also includes overtime, because there were scores there up to 21 points and overAhmed and those scores can only happen in regular timeJamie B The traders are aware of this and they are in the process of correcting the settlement. Any funds due will be credited as soon as possible. Please accept our apologies for any inconvenience this has caused.Ahmed so what is the outcome?Ahmed I did win it correct?Ahmed becasue they are in overtime right nowAhmed and the game ended as a tie in regulationAhmed so its just taking longer than usual to be setteled, correct?Jamie B That is a winning betAhmed nice!Ahmed Any funds due will be credited as soon as possible - do you know when ?Jamie B It should be within 1 hour, at mostAhmed Thank you, JaimeAhmed i appreciate your quick action!Ahmed its a nice hit for me!Ahmed i needed that badly hahahahaJamie B Is there anything else I can help you with today?Ahmed thats it buddyAhmed have a good night
Expert:  Legal Ease replied 2 months ago.

Can you review the site and tell me if it talks about what law applies.

Expert:  Legal Ease replied 2 months ago.

Can you review the site and tell me if it talks about what law applies.

Customer: replied 2 months ago.
http://help.bet365.com/en/rules/rules-sports/american-football
Customer: replied 2 months ago.
it just has the rules - in particular this is what they are reffering to:"In-Play Game Bets/In-Play Half Bets/In-Play Quarter Bets INCLUDE Overtime Unless Stated OtherwiseThe game or relevant quarter/half must be completed for bets to have action, unless settlement of bets is already determined.
For settlement purposes:-
Half bets (2nd half will include any points scored in Overtime if played unless otherwise stated)
Quarter bets (4th quarter will include any points scored in Overtime if played unless otherwise stated)
Double Result - Excludes overtime if played.
2 Unanswered Scores in Quarter/Team to Make Next Score/Next Scoring Play - PATs do not count as scores.
Result of Current Drive - Excludes overtime if played. If Team A has the ball and fumble, and the ball is recovered by Team B, who then fumble it back to Team A; the outcome will be settled as Turnover, due to possession changing hands twice. Turnover on Downs (failed 4th Down attempt) will be settled as turnover. If a punt is fumbled by the receiving team and recovered by the kicking team bets will be settled as punt and a new drive market will be offered. Bets are void in the event of an incomplete drive.
Make 1st Down on Current Drive - The Yes option is determined by achieving a new set of downs, either by Run, Pass (this includes if a TD is scored as a result) or Automatic 1st Down Penalty. Safety, and Field Goal will be settled as No (irrespective of Field Goal being made or not). Replayed Downs due to non Automatic Penalties, e.g offside, encroachment, delay of game, Illegal substitution, excessive timeout(s), incidental grasp of facemask, neutral zone infraction, running into the kicker or more than 11 players on the field at the snap, do not count, unless committed with 5 yards or less to go."
Customer: replied 2 months ago.
The main thing is not what it says in the terms which are a bit unclear because three of their employees got it wrong. But, do I have something based on 2 different people telling me I won during overtime and even after the game. Even when I speaking to the supervisor, I asked her had I made the same bet pre-game, I would have won? She said yes, then when I asked her again and asked to her to confirm because I want it on the recording, she said, oh wait, even pre-game includes overtime.
Customer: replied 2 months ago.
not sure how much you know about american football, but a game finishing as a tie is almost impossible. It rarely happens which is why I thought it was only regulation and even their own staff thought so as well. Even the supervisor did when I spoke with her.
Expert:  Legal Ease replied 2 months ago.

But what I need to know is what the site says about which law applies.

Please read all the fine print near the end and see if it says the law in the UK applies.

Customer: replied 2 months ago.
I dont even know what that means?
Expert:  Legal Ease replied 2 months ago.

Somewhere in their disclaimers, waiver etc there was will some legal discussion. There they will say which law applies and I need to know that.

Customer: replied 2 months ago.
34;You are responsible for determining whether your accessing and/or use of the Website is compliant with applicable laws in your jurisdiction and you warrant to us that gambling is not illegal in the territory where you reside."
Customer: replied 2 months ago.
34; We will comply with applicable data protection laws (including, in the UK, the Data Protection Act 1998 and, in Gibraltar, the Data Protection Act 2004) in respect of the personal information you supply to us. Your personal information is processed in accordance with our Privacy Policy, a copy of which is available by clicking here."
Expert:  Legal Ease replied 2 months ago.

There will be something else that talks about when there is a dispute.

Customer: replied 2 months ago.
The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is bet365, its affiliates or other third party licensors.
Customer: replied 2 months ago.
I. COMPLAINTS, DISPUTES, GOVERNING LAW AND JURISDICTION1. Should there be any claim or dispute arising from a past or current transaction, please Contact Us. If bet365 is unable to settle the dispute, either party is entitled to refer the dispute to an arbiter, such as the Independent Betting Adjudication Service (IBAS), whose decision will be final (save in respect of any manifest error) subject to full representation given to all parties involved. No dispute regarding any bet/wager will result in litigation, court action or objection to a bookmaker’s licence or permit (including any remote operator’s licence or personal licence) unless bet365 fails to implement the decision given by arbitration.2. For further information on IBAS, click here.3. Settlement of bets/wagers on American sports: In all cases bets/wagers on American sports will be settled using statistics and results as provided by each sport's governing body (obvious errors excepted). The relevant governing bodies are as follows, NFL, NCAAF, CFL, NBA, NCAAB, NHL, MLB, NASCAR, MLS and the PGA tour.4. Subject to paragraph B.3.1 above, these Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of England and Wales.5. By accepting these Terms and Conditions and/or placing bets or wagers and/or making use (whether authorised or not) of the facilities offered by bet365 (whether through the Website or otherwise), you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions. Notwithstanding the foregoing, bet365 shall be entitled to bring a claim against a customer in the court of the customer's country of domicile.
Expert:  Legal Ease replied 2 months ago.

That is what I needed.

So you cannot sue in Canada and you cannot sue at least until you first try and arbitrator. They are saying one service to use for the arbitration is IBAS.

But what I suggest you do first, is have a lawyer in your city send them a letter, threatening that you will start with the arbitration system if necessary but that you are hoping this does not need to go that far.

The lawyer can explain your position and the fact that two different staff members agreed with your position which binds them as these staff were their agent.

If that doesn't work you need to retain an arbitrator in their jurisdiction that will hear all the facts and make a binding decision.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 2 months ago.
Am i able to do that, or do I have to go through IBAS first? Do I have to pay for IBAS or is that covered by the site? Are you able to tell me what the lawyer should say, like can I use a template and send to them? Lawyers are not cheap and I just want them to know I am serious.
Customer: replied 2 months ago.
Do I have a case considering their staff confirmed my wins and I have it in writing and recorded on a phone call? Or does the terms overtake that?
Expert:  Legal Ease replied 2 months ago.

The lawyer will know what to say and will not agree to use your template.

One letter will not cost a lot and the site will then know you mean business.

The hope is they will agree with the lawyer without your needing to use the arbitration system.

Yes for sure I think you have a case or I would not suggest retaining a lawyer and then to fight them if necessary.

Customer: replied 2 months ago.
34;The lawyer can explain your position and the fact that two different staff members agreed with your position which binds them as these staff were their agent."Is there a case law that you can refer to that states this? For example, if a sales man sells a car and says it has 1 year warranty, but the contract says 6 months, is there something that says the salesman word is bond?
Expert:  Legal Ease replied 2 months ago.

It is contract law.

And it is agency law.

The agent binds the person they work for.

Verbal contracts are binding.

But I don't know the law in the UK specifically though our system is based on theirs.

Expert:  Legal Ease replied 2 months ago.

Is there anything more I can help you with at this point in time?

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