General Terms and Conditions for mycasino
Valid from 1 July 2019
Thank you for choosing mycasino!
You will find the most exciting range of games in Switzerland on our platform. These General Terms and Conditions describe the conditions under which you may use this platform.
By opening a player account, making use of the range of games on offer or logging into a player account, you accept these GTCs. Please therefore read the General Terms and Conditions carefully.
The General Terms and Conditions (hereinafter referred to as the ‘GTCs’) apply to all online casino games and online services (hereinafter referred to as the ‘games’ or ‘range of games on offer’) offered for the Swiss market by Grand Casino Luzern AG, Haldenstrasse 6, 6006 Lucerne, Switzerland (hereinafter referred to as ‘GCL’ or ‘the Organiser’) on the website mycasino.ch (hereinafter referred to as the ‘gambling platform’).
The Organiser shall comply with Swiss legislation, particularly Swiss laws and ordinances concerning gambling.
The Organiser reserves the right to modify the GTCs at any time. Modifications to the GTCs shall be announced in a suitable form. The current version of the GTCs that is valid at the time of use shall be legally binding.
- Grand Casino Luzern AG is a concessionary casino in Switzerland (concession A, number 326-12, dated 13/06/2002) and operates a gambling platform under Swiss law in accordance with the Swiss Federal Act on Gambling (Swiss Gambling Act, GA, 29/09/2017), based on the additional concession no. 326-12-01 dated 07/06/2019 granted by the Swiss Federal Council for the online operation of casino games.
- Users (hereinafter referred to as ‘the Player(s)’) may open a player account on the gambling platform, deposit balances into the player account, use the same balances to place bets on games and withdraw winnings or balances from the player account.
- The GTCs shall apply to the use of the range of games on offer and the gambling platform services in Switzerland (Art. 4 of the Swiss Gambling Act) through the following distribution channels: www.mycasino.ch and its sub-domains, mobile applications, customer support provided by and for the Organiser (hereinafter referred to as ‘Customer Service’), online gambling servers operated by and for the Organiser, technical infrastructure operated by and for the Organiser as well as software and databases.
- When using individual games that are on offer or services, the Player may be prompted by the Organiser to state again that they agree with the GTCs or game rules by clicking on an appropriate confirmation field when opening their player account, for example.
- The Player may only use the range of games on offer if they are capable of acting and are acting in their own name and on their own account.
- The Player has the right to use the range of games on offer through betting their gambling balance according to the applicable game rules. The game rules can be viewed on the gambling platform. The range of games on offer includes casino games as per applicable legislation, such as slot machines, American roulette, blackjack and poker.
- The Organiser reserves the right to adjust the range of games on offer and the game rules to demand and technical development at any time, taking the applicable legislation into account.
- The Organiser can make access to certain games dependent on further requirements at any time (e.g. minimum number of games completed, proof of deposit for balances).
- The Player is not legally entitled to access to the gambling platform and to use the range of games on offer. The Organiser can deny the Player access at any time without any need to state reasons. The Player can be excluded from the game at any time without any need to state reasons. (Art. 53 of the Swiss Gambling Act)
- Access to the gambling platform may be permanently or temporarily restricted at any time for technical reasons (e.g. maintenance, repair or adjustment of the range of games on offer).
- Persons aged 18 and over (of legal age) who are resident in or have their habitual abode in Switzerland (Art. 47 of the Swiss Gambling Ordinance) and who are neither subject to a gambling suspension (Art. 80 of the Swiss Gambling Act) or to a gambling ban (Art. 52 of the Swiss Gambling Act) are allowed to use the gambling platform as players.
- To open a player account, the Player must register their information completely and truthfully. The Organiser can open a temporary player account for a maximum period of 30 days.
- The Player shall provide the Organiser with a valid email address and mobile number for electronic correspondence.
- The Player undertakes to truthfully and verifiably provide the required personal details (first name, surname, date of birth, sex, nationality) in accordance with an official identification document (passport, identity card, driver’s licence) and their residential address (street, house number, postcode, town/city) in accordance with proof of residence (e.g. bank/postal account statement or electricity, water, landline bill).
- The Organiser shall check the information that the Player provides about themselves and their residential address (Art. 49 of the Swiss Gambling Ordinance) and may, at any time, request corresponding proof from the Player (e.g. copy of an official identification document, copy of proof of residence that is no older than three months). The Organiser is also entitled to clarify the Player’s identity and residential address by obtaining information from third parties (e.g. CRIF AG, Post CH AG, KYC Spider AG).
- Only one player account may be opened per Player. The player account belongs to the Player personally, is not transferable and may not be surrendered to third parties for use. The access credentials (email address/username, password) for the player account must be kept secret by the Player and protected against misuse by third parties. The Player shall bear all costs and consequences resulting from misuse of their access credentials by third parties.
- In the event of any changes, the Player undertakes to adjust their email address immediately and to inform the Organiser without delay of any changes to their name, place of residence and payment account throughout the entire time the player account is open.
- The Organiser may use the information in the player account to send messages to the Player (e.g. changes to the GTCs, password reset, payment account investigation). Such messages shall be deemed to have been legally delivered if they are delivered to the email address or residential address entered in the player account at the time of notification.
- The Player may close their player account at any time. Closure is carried out by the Customer Service team. Once the player account has been closed, the Player will be unable to open a new player account for 30 days.
- The Organiser may deactivate the Player’s access to the player account or close the player account at any time, particularly if the Player a) provides false information; b) fails to comply with the GTCs; c) fails to comply with the bonus regulations; d) fails to comply with the game rules; e) misuses the gambling platform; f) is subject to a gambling suspension; g) is subject to a gambling ban; h) makes the beneficial owner unidentifiable; i) fails to provide proof of their personal details, residential address or financial circumstances; j) otherwise violates the law; and k) fails to update or communicate their details.
- If the Organiser becomes aware that the holder of a temporary player account has not complied with the regulations set down under Section 3.1 (Art. 52 Swiss Gambling Ordinance) or has violated these (Art. 45 Swiss Gambling Act), any active balance shall be transferred to a payment account held in the Player’s name. The maximum amount that shall be transferred is the total amount that the Player has deposited. Any surplus is transferred to the OASI equalisation fund.
- The Organiser shall automatically close the player account according to Art. 51 of the Swiss Gambling Ordinance if it has been inactive for more than two years – particularly if it does not show any payment transactions or gambling transactions during this period. Any balance shall be transferred to a payment account held in the Player’s name. If the Player’s payment account details are invalid and the Organiser is unable to contact the Player despite making reasonable efforts to do so in proportion to the amount in question, the Organiser shall keep the balance available for the Player for two years. Once this period has elapsed, the balance shall be transferred to the OASI equalisation fund.
- If the Player fails to comply with or violates the provisions set down under Section ‘3. Player account’, the Organiser reserves the right not to open or to close the player account according to Art. 51 of the Swiss Gambling Ordinance.
Gambling balance and the Player’s wallet
- The player account is managed in Swiss francs (CHF) and is funded by the Player’s deposits, winnings and conversions of free game credits. The free game credits granted by the Organiser do not form part of the active balance. (Art. 50 of the Swiss Gambling Ordinance)
- The game credits belong to the Player personally, are not transferable and do not generate interest (Art. 69 (4) of the Swiss Gambling Act).
- If the amount of game credits is insufficient to place a bet, the Player cannot take part in the game. The game credits cannot be negative – any granting of loans or advances is prohibited (Art. 75 of the Swiss Gambling Act).
- As long as the player account is temporarily opened (see Section 3.2), the Player’s transfers may not exceed CHF 1,000 and the Player may not withdraw their winnings. (Art. 52 of the Swiss Gambling Ordinance)
- The payment methods (deposit/payout) available to the Player, as well as the terms of payment, are published on the gambling platform and are available to the Player once they have logged into their player account. The Organiser accepts no liability for transfer errors or technical problems with the payment methods. The terms and conditions agreed upon between the Player and their payment method provider shall apply in particular.
- The Player may only pay money of which they are the beneficial owner into a player account. The Player may not deposit into their player account money that they know or believe to be the result of criminal or illegal activity, or with any payment methods that they have no control over. In the event of this regulation being violated, the Organiser shall be entitled and obligated to take the measures provided for in the anti-money laundering legislation.
- The Player may, at any time (with the exception of Section 4.4), request that the active balance in the player account or part thereof be transferred to their payment account. Winnings and balances in the player account may only be transferred to a payment account held in the Player’s name. (Art. 50 of the Swiss Gambling Ordinance)
- At the Organiser’s request, the Player undertakes to provide information about the beneficial owner and detailed information about, documentation concerning and details of the origin of payment transactions in connection with the player account (the SCC’s Anti-Money Laundering Ordinance). The Organiser reserves the right to report the facts and circumstances to the competent authorities (particularly in the case of intentionally false information being provided) (Art. 251 of the Swiss Criminal Code).
- The Organiser may refuse a payment transaction (deposit/payout) if there are grounds to believe that the Player has fraudulent intentions or if the payment transaction otherwise violates the law.
- The Organiser may, at its sole discretion, limit the maximum balance in the player account. It may transfer a balance that exceeds the maximum amount to a payment account held in the Player’s name.
Bets and winnings
- Demo games, which can be played for free, are labelled accordingly. The demo game credits are not part of the game credits.
- The Player’s bets shall be deducted from the player account and winnings shall be credited to the player account.
- Information about the way in which the bets are to be placed, the minimum and maximum bets and the possible winnings can be found in the respective game rules. (Art. 30 of the Swiss FDJP Casinos Ordinance)
- When playing poker (poker tournament, cash game), bets, winnings and commissions are denominated in foreign currencies. The exchange rates are set daily. The buy-in and commission in foreign currency shall be converted into Swiss francs and deducted from the player account. The winning amount (poker tournament winnings or cash game table balance) in a foreign currency is converted into Swiss francs and credited to the player account. The same conversion rate will be used throughout a Player’s session of play. This means that if the Player log outs before the start of a poker tournament, refunds will be calculated according to the conversion rate at the time of buy-in.
- Individual winnings of up to CHF 1 million from playing casino games online are tax-free (Art. 24 of the Swiss Federal Act on Direct Federal Taxation). The Organiser shall immediately deduct the 35% capital gains tax from any amount in excess of the tax-free amount and shall pass this on to the Swiss Federal Tax Administration (Arts. 1, 6, 12, 13, 14 and 16 of the Swiss Federal Act on Capital Gains Tax). The Player shall receive a capital gains tax statement for the portion of any winnings that are subject to capital gains tax. If the Player has any questions about the tax consequences, they must only consult their personal tax advisor.
- If the game is interrupted, the winnings from the current game are credited to the player account. A bet cannot be placed as long as the Player is not connected. (Art. 25 of the Swiss FDJP Casinos Ordinance)
- The Player shall make any complaints due to winnings that have not been credited in writing (by letter or email) to the Organiser within a maximum of ten days of the deviation occurring. All possible claims shall be forfeited once this period has elapsed.
- The Organiser reserves the right to subsequently correct incorrectly displayed game results and to subsequently deny any winnings made incorrectly or fraudulently.
- Players who are below the required minimum age, who are suspended and who are subject to a gambling ban shall not be entitled to refunds of their bets or payout of any winnings. Such winnings shall be allocated in full to old-age, survivors’ and invalidity insurance. (Art. 45 of the Swiss Gambling Act)
- The Organiser does not issue the Player with confirmation of winnings. (Art. 70 of the Swiss Gambling Act)
- In the context of marketing activities or promotions (hereinafter referred to as ‘promotions’), the Organiser may offer special benefits (e.g. bonuses, free spins) to players who meet the Organiser’s specified criteria for the promotion in question.
- Players who are not considered for promotions shall not be entitled to any participation or compensation.
- The Organiser determines the conditions of the promotion, particularly the type, the validity period, the benefits and the participation criteria.
- Promotions offered to the Player cannot be exchanged or transferred. They are not payable; this particularly applies to bonuses and free spins.
- The conditions for bonuses and free spins are set down in the bonus regulations. The bonus regulations form part of these GTCs.
Responsible gambling and suspensions
- The Organiser reserves the right to contact a Player with conspicuous gambling behaviour for their protection, to request financial documents if necessary and to take appropriate measures.
- The Organiser may, at any time, request information from the Player about their personal details or their professional and economic conditions and demand the corresponding documents.
- The Organiser is legally obligated to suspend a Player if it is suspected that the Player in question is insolvent, does not meet their financial obligations or takes risks by making bets that are disproportionate to their income and assets.
- The Player can request a voluntary suspension from gambling from the Organiser at any time.
- Ordered or independently requested suspensions according to Art. 80 of the Swiss Gambling Act shall apply throughout Switzerland for an indefinite period of time to all licensed casino games in physical casinos and online, to online lotteries, to betting and skill games, as well as to major games determined by the intercantonal authority.
- The suspension shall be entered in a national register. Access rights to this register are regulated by law.
- Persons with a voluntary suspension can only request a termination after a period of three months. Persons with an ordered suspension have the opportunity to request a termination when the gambling suspension begins. The same termination conditions apply for both types of suspension, regardless of whether the person is suspended from the Grand Casino Lucerne’s physical or online casino.
- All rights, titles and claims (including copyrights, trademarks, patents, other intellectual property rights and other rights) that exist or arise to, for or from the information and contents of the gambling platform shall remain in the ownership of the respective copyright holder.
- All information and contents of the gambling platform may be printed for private use only. Complete or partial reproduction, distribution, modification, linking, presentation or other use of the gambling platform, plus the information and contents, for public or commercial purposes is only permitted with GCL’s prior written consent. In contrast, GCL’s press images may be used for editorial purposes without prior consent and free of charge, provided that they originate from GCL’s public press archive.
- Unlawful use, reproduction, publication or imitation of the gambling platform is prohibited.
Warranty and liability
- The Organiser gives no guarantee that the gambling platform will be continuously available and that service provision will be complete.
- The Organiser shall not be held liable for damages arising from the interruption of access to the gambling platform. This shall particularly apply in the case of maintenance work or interventions to maintain functions and operation of the gambling platform.
- The Organiser gives no guarantee that the gambling platform, the games software or data transfer will be faultless. The Organiser’s liability for such damages, particularly liability for allegedly or actually lost winnings due to the lack of system availability or transfer errors, is expressly excluded.
- The Organiser shall not be held liable for ensuring that the gambling platform does not contain any viruses or other harmful components or for ensuring that they are removed.
- The Player exclusively uses the gambling platform at their own risk. The Organiser shall only be held liable for intent and gross negligence, as well as for direct damages resulting from the same. In all other cases, particularly in cases of slight negligence, force majeure, indirect damages, consequential damages and financial losses, lost data, loss of interest, etc., the Organiser’s liability is excluded.
- The Organiser accepts no liability for entry, transfer and evaluation errors or for the content, completeness and correctness of data transferred or queried. The Organiser reserves the right to correct obvious errors in results entry and evaluation (e.g. players being mixed up, wrong bets, wrong prizes).
- The Organiser accepts no liability for damages resulting from misuse of the player account by the Player or third parties.
- Any misuse of the gambling platform and the range of games by the Player shall be prosecuted under civil and criminal law. Misuse particularly includes deception and the use of incorrect or misleading personal information about the Player.
- Misuse occurs when the Player attempts to influence the outcome of the game through collusion, interfering with the program or other methods that are against the rules, causes deliberate malfunctions and faults or opens several user accounts.
- It is expressly prohibited to use software that can be used to create player profiles or that enables secret agreements to be made between players. The ban also applies to programs that enable cheating or give the Player an unfair advantage over other players.
- The Organiser is entitled to suspend the Player from using the gambling platform in the event of misuse or violation of Section ‘10. Unfair conduct’ and to refuse to credit winnings to the player account and to transfer balances. The Organiser’s right to report the facts and circumstances to the competent authorities and to assert claims for damages remains reserved.
- The Organiser reserves the right to suspend the Player and their player account and to withhold their balance and winnings until the unfair conduct situation has been clarified.
- If there are ambiguities between the GTCs and the game rules, the following order must be observed: 1. Game rules, 2. GTCs.
- If the French or English version of these GTCs differs from the German version, only the German version shall be decisive.
- Should individual provisions of these GTCs be deemed invalid, unlawful or unenforceable by a competent court or authority, the validity, lawfulness and enforceability of the remaining provisions set down in these GTCs and the use of the range of games on offer and the gambling platform services shall not be affected by this. An invalid, unlawful or unenforceable provision shall be replaced by a valid provision that reflects as closely as possible the economic purpose of the provision to be replaced. The same shall apply mutatis mutandis in the event that these GTCs contain a loophole.
- All legal relationships between GCL and the Player shall be governed by Swiss law, to the exclusion of the Swiss Federal Act on International Private Law (IPLA) and the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention).
- In the event of legal disputes between the Player and GCL, the City of Lucerne shall be the exclusive place of jurisdiction subject to Section 11.6.
- GCL also reserves the right to assert its rights at the Player’s place of residence.