Terms and conditions
General Terms and Conditions of etc-gaming GmbH
§ 1 Basics
For the slot machines and the implementation of the GISA number based on the business licence of the City of Vienna Municipal Department dated 9 July 2011: 26431468 Registration no.: 990/106838F11, “Hosting and organisation of the card game ‘Poker’ and other permitted card games, wherein winning and losing is not exclusively or mainly dependent on chance, without banker”, besides the current house rules that are displayed or available for all organised games.
The [Austrian] Youth Protection Act as most recently amended must be posted in the gambling halls. By entering the gambling halls, the present House Rules and the particular rules of each game are accepted and agreed to.
§ 2 Domiciliary Rights
Throughout the gambling halls, the domiciliary rights rest with etc-gaming GmbH. In the exercise of its domiciliary rights, it is represented by the management and the service staff (floormen).
Decisions by the management and the instructions of the service staff are to be complied with.
The domiciliary rights also extend to the service operations not immediately belonging to the gambling operations (e.g. bars and restaurant areas).
§ 3 Liability for Damage
etc-gaming GmbH shall not be liable for personal injury and damage to property inflicted on their guests by third parties on the occasion of a visit. etc-gaming GmbH shall not be liable either for any defects, failures or actions entailing compensation for losses suffered in the area of the service operations, insofar as the same are not run by etc-gaming GmbH.
Incidentally, liability shall be limited to gross negligence. Any facts entailing liability of etc-gaming GmbH shall be reported immediately to the management.
§ 4 General Obligations of the Guest
The guests in the gambling halls are obligated to be considerate of other guests in the gambling halls in terms of behaviour and demeanour.
Begging or harassment as well as unsolicited advice to guests is strictly forbidden.
Entering the gambling halls or abiding in the same under the influence of alcohol or drugs as well as consumption, administration and trading of drugs is prohibited.
Consumption, administration and trading of drugs or other substances falling within the scope of the [Austrian] Narcotic Substances Act will invariably result in the police being notified.
Clothing appropriate for the gambling activities and the respective local conditions in the individual federal states is to be worn.
Wearing of work or sports clothing, especially jogging suits, short pants, net shirts and open sandals is prohibited.
The following items must be left, without exception, in the cloakroom: Coats, jackets, bags, backpacks, sticks (other than those necessary as orthopaedic supports), helmets and backpacks.
Carrying of weapons (cut and thrust weapons, firearms) is prohibited. Dogs and other pets are not allowed.
All kinds of waste or cigarette butts are to be disposed of into the ashtrays or waste containers provided.
Chips, coins and bills found in the gambling halls are to be handed over to the service staff.
Carrying of cameras and video cameras, as well as photography and filming in the gambling hall, is prohibited; in the adjoining rooms, such as the foyer, this requires the prior consent of the management.
Mobile phones must be turned off.
Use of technical aids to influence the game or game results is not permitted.
It is forbidden to record the game or the game results with the help of technical means.
After the end of the gambling business day (opening times as provided), the bar, the restaurant area and the gambling hall are to be left.
§ 5 Ban / Suspension
(1) The management can prohibit a guest, without giving reasons, from entering the gambling halls and / or staying in them (ban). This applies especially in any of the following cases:
• manipulation or attempted manipulation of the game or wrongful acts;
• suspicion of fraudulent manipulation;
• false identity papers having been presented by the guest;
• a nationwide gambling ban on the guest due to judicial or other official orders;
• commercial granting of loans in the premises of the casino by the guest, or suspicion thereof;
• notification of the management by another casino operation that the guest has been banned there.
(2) The management reserves the right to exclude guests from gambling (gambling suspension). In the context of the unilateral imposition of the suspension, the management accepts no contractual obligation towards the guest.
If the guest gambles despite suspension, there shall be no entitlement to pay-out. Guests banned under para. 1 are invariably excluded from gambling. In addition, a guest may request to be suspended by the management (suspension agreement).
If a guest gambles despite suspension, there shall be no entitlement to pay-out either. The guest shall bear no losses from the game either.
In the event of a culpable breach of the of suspension agreement by the player, in particular by entering into the premises of the Concord Card Casinos and the Montesino in violation of the agreement made, and fraudulently participates in games in the premises, subsequently invoking the nullity of the game agreement in order to reclaim the stakes paid, the player must pay a penalty of € 10,000 to the operating company of the respective establishment of the Concord Group.
After a suspension through the suspension agreement or by the house, the guest loses all rights to all actions or ratings.
(3) The management shall be entitled to inform all other casinos in Austria and Germany about promulgation of a ban and / or suspension, indicating the identity of the guest and the reasons for the ban or suspension, respectively.
If the management receives information from other casinos in Austria or Germany on imposition of a ban and / or suspension, the ban and / or suspension shall apply throughout the card casinos run by the CCC group.
§ 6 Access Control
Persons under 18 years and blacklisted persons are prohibited from entering the gambling hall.
Upon his/her initial visit to a card casino in the CCC group, the guest is required to prove his/her identity by presenting an official photo identification.
The legitimacy can be provided only by presentation of a passport, identity card or driver’s license.
Subsequently the guest is registered. This is carried out in the form that the name (first and last name), the date of birth, the document type of the official photo identification and the document number are recorded in computerised form.
During the registration process on the occasion of a guest’s initial visit, a photo is taken for documentation.
Each guest is assigned an identification number (ID number).
Each guest shall, without exception, register upon each subsequent visit to a card casino of the CCC group. This is done either by giving either his/her name or his/her identification number.
Subsequently, the guest is identified by matching the existing photograph against the master data record.
By registering, the guest acknowledges the House Rules.
The guest authorises the use (processing and transmission) of his/her personal data named above by etc-gaming GmbH for the purpose of sending information and offers by mail and by electronic means (email), and the collection of information as part of player protection measures.
The data are not disclosed to third parties except as provided for in § 7.
The identity documents are to be presented at the request of the service staff. If this is not possible, the guest shall exit the casino immediately when prompted.
§ 7 Player Protection
In addition to the player protection regulations already provided in §§ 5 and 6 of the House Rules, the following additional dispositions are taken:
Appointment of a Player Protection Officer:
To protect the players and the social security of children, the casino management shall appoint a Player Protection Officer. The Player Protection Officer shall be registered by name with the authorities and is to be regularly trained by an appropriate body (e.g. Institute for Addiction Prevention or Institute of Leisure Education).
The regular training of the Player Protection Officer is confirmed by presentation of an appropriate training confirmation to the authorities.
The casino management shall ensure that the Player Protection Officer regularly trains the service staff (dealer and floorman, security staff, etc.) at regular intervals regarding measures for the protection of players.
The trainings must be documented in a daily report available at any time for inspection (logbook) by the Player Protection Officer.
The Player Protection Supervisor and the service staff are obligated to constantly watch the goings-on in the gambling halls and keep social contact with the players in a suitable manner in order to perceive any unusual behaviour of a player that suggests that an addictive behaviour is emerging.
If necessary, the service staff shall take appropriate measures to prevent the player from continuing gambling and hold an informative talk with him/her. According to the result of this talk, the service staff shall take, where appropriate after consultation with the Player Protection Supervisor, the suitable measures (e.g. oral or written indication of the risk of gambling addiction and its possible consequences, prompting to leave the gambling rooms, restriction of the visits to the gambling hall, suspension).
If the measure taken by the service staff ensures that the player is not subject to addictive behaviour and thus has full control of his/her actions and thoughts, he/she shall be allowed to continue playing.
Such measures taken by the service staff are to be documented by entry into a daily report (logbook) by the respective staff on duty, with indication of date and time and signature.
If there is reasonable suspicion that the frequency and intensity of a player’s participation in the game during the period in which he/she plays at this intensity and frequency may jeopardise his/her subsistence level, the casino management shall obtain information on the player’s creditworthiness from an independent organisation.
The subsistence level is to be determined according the Austrian Act on the Enforcement of Judgements / Austrian Subsistence Level Ordinance (Exekutionsordnung/ExistenzminimumVO) as most recently amended (general basic monthly amount). If this information reasonably suggests that continued participation in the game unchanged in terms of frequency and intensity may jeopardise this player’s specific subsistence level, the casino management shall inform the player in writing about this danger.
If the player continues his/her participation in the game despite this warning at unchanged frequency and intensity, the casino management company shall prohibit him/her from visiting the gambling hall permanently or for a specified period or limit the number of visits.
If the necessary information cannot be obtained, or if an appropriate request yields inconclusive results, the casino management shall question the player about his/her income and asset situation and, according to the findings of this questioning, warn him/her by applying the foregoing mutatis mutandis, and to suspend him/her if necessary.
If the casino management fails to check or warn the player or prohibit or restrict access to the gambling hall, and the player thus endangers his/her specific subsistence level by unchanged participation in the game, the casino management shall be liable for the losses incurred thereby during unchanged participation in the game, where the liability of the casino management shall be finally limited to the amount of the difference between the player’s net income undercutting the subsistence level after the losses, taking into account his/her realisable assets, on the one hand and the subsistence level on the other hand; the compensation shall not exceed the specific subsistence level.
Daily report (logbook)
In the gambling hall, the service staff must keep a daily report in the form of a logbook, which is to be open for inspection at all times. In the daily report all incidents related to the gambling and all other events that require action of the service staff, in particular measures regarding the protection of players, are to be entered by the staff on duty and documented with name, date and time and signed.
In the service delivery, the daily report shall be finalised by the signature of the respective casino management representative. The events that have taken places must be discussed with the senior executives.
§ 8 Slot Machine Gambling
Persons under 18 years and blacklisted persons must not enter the area in which the gambling machines are installed. The identity documents are to be presented at the request of the service staff.
If this is not possible, the guest shall exit the gambling hall immediately when prompted.
Defects on slot machines are to be communicated to the staff immediately.
Machines that are defective or deemed defective must not be played on.
The rules and winning opportunities of the game are identified at the respective gambling machines.
With the start of the game, the guest acknowledges that the winning rules posted are binding also on for the gaming contract concluded with him/her.
No liability is accepted for the operation of the gambling machines, nor for the payment of winnings. Inadequate or manipulated machines and machines influenced by external forces or technical means shall be deemed locked, regardless of whether the guest has knowledge of the manipulation or interference.
There is no entitlement to payment of winnings. Reserving of machines is not permitted.
The provisions of the House Rules concerning player protection shall apply mutatis mutandis.
§ 9 Photography and Film Permits
By entering the premises of etc-gaming GmbH, the guest agrees that in case of television transmissions and photographs of the transmitting broadcaster or the medium, the pictures taken by him or her during or in connection with the event may be used without compensation, without temporal or spatial restrictions and by means of any current or future means.
All final table participants of a tournament agree to attend press conferences and be available for interviews.
§ 10 Newsletter / WhatsApp
Players have the possibility to register in all branches as well as on the homepage to receive the regular newsletter. Furthermore, each player has the possibility to register for the respective WhatsApp broadcast list.
However, if a player enters into a suspension agreement with the company (see § 5) or is suspended due to gambling addiction (see § 7), the player is obliged to independently cancel the newsletter or the WhatsApp broadcast list.
§ 11 Limitation and Disclaimer
Any claims of the player against the casino shall be asserted in court within 6 months from emerging.
Any liability of the casino is excluded if the player provides incorrect or incomplete information to the casino and bears contributory negligence, even if only minor, to the arising of his/her claim.
Peter ZANONI (CEO)
Information about the Equal Opportunities Act
In Austria, the so-called Equal Opportunities Act (GIBG, as amended BGBI I no. 107/2013) applies, which does not permit discrimination against a person based on gender.
The Montesino is expressly committed to the equal treatment of all genders and states that in the Montesino, no one may be discriminated against based on his or her gender, and all persons, regardless of gender, must be treated equally.