ABC-ADR Rules of Procedure
Applicable to Licensed Gaming Operators.
Version 1.2
1. Scope and Purpose
These ABC-ADR Rules govern the procedures applicable to the resolution of both domestic and cross-border disputes between consumers (players) and licensed gaming operators through an Alternative Dispute Resolution (ADR). The ADR mechanism serves as a free, fair, independent and impartial forum for resolving disputes without recourse to court proceedings.
2. Definitions
ADR Entity: A neutral body engaged in resolving disputes between players and gaming operators.
Consumer/Player: A registered player with a licensed operator.
Operator: A B2C gaming license holder.
Dispute: A disagreement relating to the operator’s services, decisions , terms or conduct which is not resolved to the consumer’s satisfaction through the internal complaint process.
Parties: The Consumer/Player and the Operator
3. Eligibility and Admissibility of Disputes
Disputes are admissible when:
- The player has first attempted and completed a resolution via the operator’s complaints process.
- The dispute is confirmed to be transactional or contractually linked to operator and is submitted within 1 year from the date of the cause of the original complaint.
Disputes are inadmissible if:
- They are frivolous or vexatious.
- The consumer is under 18 or legally incapacitated and unrepresented.
- The dispute is already being or has been already considered by another competent court , ADR or adjudicating body and/or when the player is resurrecting a dispute which was terminated by another ADR due to lack of engagement or for reasons of conflict of interest
- It falls a) outside the jurisdiction of the licensee or b) the claim goes above the threshold of Eur 500,000 or the equivalent thereof , or c) is outside the acceptable parameters set by the Operator or d) is outside the scope of the definition of a dispute or e) the dispute is of a degree of high complexity which would render a court of law more suited for the dispute at hand
- The dispute is brought by the Operator against the player
- The Operator withdraws or is not registered with ABC-ADR
4. Procedure for Filing and Handling Disputes
- Submission:
Players can submit, free of charge, a completed claim form via online platform or via email address provided on the site. This marks the start of the ADR process. The players are responsible for the completeness of their claim and to provide ABC-ADR with all substantiating documentation for a clear and in depth understanding of their claim.
Once the player has submitted a claim, the claim will be assessed for admissibility.
- Acknowledgement:
– ABC ADR will always acknowledge a receipt to the player of his/her submission of a dispute
The Player will also be informed of their right to withdraw and to representation (See Below)
Admissibility
A dispute may be inadmissible from the onset or become inadmissible during the ADR proceedings.
Once all documents are received, ABC ADR will proceed to verify that the dispute is admissible. If the event of inadmissibility, the player will be immediately informed with reasons thereof. If the dispute becomes inadmissible during the proceedings, both parties shall be notified of the dispute’s inadmissibility with reasons thereof,.
It at the onset the dispute is deemed to be admissible , ABC- ADR will proceed with an independent, fair and impartial assessment of the dispute based on the information provided by the Parties.
Competent claims will be assigned a unique reference number and to an assigned adjudicator/s , who will inform the Player and the Operator within 3 business days.
The Player may be requested to timely submit additional substantiating documentation or clarifications which may be required.
Operators are required to submit all related documents within 14 days of request.
- Communication:
– All correspondence is written and may be shared with both parties. Information classified as confidential, including information relating to third parties and/or confidential internal measures adopted by the Operator will be kept confidential by ABC ADR.
Otherwise ABC-ADR operates upon the principle of transparency and any request by either party for evidence, facts put forward by the other Party and expert reports shall be communicated with a deemed express consent of both Parties.
Once a completed claim has been submitted by the Player, communications shall be done via ABC ADR and the Parties shall refrain from contacting each other during the pendency of the dispute proceedings.
All correspondence shall always be in the English language. Subject to the above, ABC-ADR may also offer a multi language communication (French, Italian, German and Spanish)
It is the sole responsibility of the parties to provide and maintain ABC ADR with an up-to-date correspondent email address for all or any notifications under these procedures. ABC-ADR cannot be held liable for any delays due to such default.
- Investigation:
– ABC ADR clarifies information provided by the Parties but do not investigate independently.
– Decisions are based on evidence submitted, contractual terms, and applicable laws.
Completeness of submission of documents by the Parties is of utmost importance. ABC ADR is not obliged to accept further documentation from either Party following their respective deadlines on document submission.
If ABC ADR is of the opinion that substantial documentation is missing in order to provide a fair decision, it may, at its sole discretion, request either or both parties to submit further documentation within timelines provided. Saving such a request, no additional documentation submitted by either Party outside the provision of this clause will be considered.
Notwithstanding the above, the ABC ADR may request clarifications from either Party on their documents submitted.
If either Party does not provide the requested information within the timelines provided by ABC ADR at any stage of the proceedings, ABC ADR may proceed to determine the dispute with the information it has present at hand. In no circumstance shall ABC ADR be held liable by either party for failure to comply with the instructions of ABC ADR.
In certain disputes, upon request of both parties and upon the acceptance of ABC ADR on the principle of efficiency, ABC ABR may additionally conduct non-binding mediation sittings between the Parties. These shall take place online in a secure forum and shall be recorded by ABC ADR. Minutes of the sittings shall be taken and retained by ABC ADR.
- Decision Timeline:
– ABC ADR is committed to completing the process within 90 days from receipt of all documents by the parties. However, delays and complex issues may be grounds an extension.
Where a Dispute exceeds 90 days , the Parties will continue receive updates every 30 days.
The player will also have the option to withdraw from ABC ADR proceedings at any time, provided written notice is given to ABC ADR who will notify the operator within 48 hours of the player’s withdrawal. Once withdrawn, the player may not reinstitute ADR proceedings based on the same dispute.
- Outcome:
– The ultimate goal of ABC ADR is to reach a timely and smooth amicable settlement between the operated and the player. The decision of ABC ADR will include a summary of the dispute, legal basis for the decision, and actions to be taken.
– Outcomes are binding on the Operator but they do not waive the player’s’right to seek further recourse to court.
The decision will be based on ABC ADR’s principles of fairness, impartiality and independence from the Parties. In order to render its decision ABC ADR will, non-exhaustively, make reference to the documents submitted by the Parties, relevant legislation applicable in the licensee’s jurisdiction, the Operator’s terms and conditions and any applicable license conditions.
ABC-ADR aspires that every decision be taken by a team of 3 independent expert adjudicators. Each expert shall be required to confirm their independence upon receipt of a competent claim by the Player.
The decision shall be communicated to both Parties and shall not be made public.
- Representation
Legal representation is not mandatory. Players may be represented by a third party (lawyer, parent/guardian) provided that sufficient proof of representation is submitted.
Minors under 18 years of age and/or incapacitated players are obliged to be represented.
5. Representation
Legal representation is not mandatory. Players may be represented by a third party (lawyer, parent/guardian) provided that sufficient proof of representation is submitted.
Minors under 18 years of age and/or incapacitated players are obliged to be represented.
6. Confidentiality
The Parties must keep the details of the proceedings confidential. ABC-ADR will process data in accordance with local data protection laws. All reports, mediation sessions, communications, documents and information received during the dispute proceedings will be kept confidential and will be not be required and/or compelled to produce the same in any third party competent adjudicating body, including any other ADR or Court of Law, saving the decision on the dispute.
Decisions may be anonymized and published for transparency.
7. Non-Cooperation
If an operator fails to respond:
* ABC-ADR may decide based on available evidence.
* ABC-ADR may report non-cooperation to the relevant authorities.
8. Fees
ABC ADR is free of charge to players. Operators are subject to a fee structure agreed with ABC-ADR.
9. Reporting
ABC-ADR retains reports of all disputes. ABC-ADR may be required to periodically report all disputes to relevant authorities, including metrics on volume, resolution times, outcomes, and trends. Some jurisdictions impose this reporting obligation on the Operator. ABC-ADR facilitates this obligation of the Operator by providing timely statistics to the Operator with regards to dispute proceedings and outcomes submitted to ABC-ADR.
10. Legal Effect and Appeals
The decision of ABC ADR is final and not subject to appeal.
11. Certification and Jurisdiction
Only ADR entities certified by the CGA may offer dispute resolution for gaming operators. Operators must:
– Notify the CGA of their ADR engagement with ABC-ADR
– Refer disputes to certified entities only.
– Update the CGA on contract changes with ADR providers.