General Terms & Conditions

It is important for you to read carefully and understand these Terms and Conditions before you accept them and prior to your use of our services. These Terms and Conditions constitute a legally binding agreement between you and the Company.



1. General provision

 

1.1 Tumas Gaming Ltd. (the "Company”, "we", "us" or "our") is a duly incorporated and registered company in Malta with registration number C22700 and registered office at Level 3, Portomaso Business Tower, St Julian’s and operates Portomaso Casino (Level -1, Portomaso Business Tower, St Julian’s) and Oracle Casino (Isle Promenade, Qawra). The Company is licensed and regulated by Malta Gaming Authority (MGA) under the licence number MGA/B2C/103/2000 .

 

1.2 These "Terms and Conditions" govern your ("you", "your" or "Player") use of the gaming activities provided by us. By entering the casino you agree that you have read and understood these Terms and Conditions together with our Privacy Policy and acknowledge that these shall apply to you.:

 

2. Scope of Application

 

The Terms and Conditions apply to the gaming services in the casino and regulate the relationship between you and the Company, including the documents, and other content received by Company from you irrespective of whether you sent it personally or via e-mail. The Company reserves the right to modify these Terms and Conditions at any time and notify you accordingly.

 

3. Registration

 

3.1 By filling out our registration form, you need to give your consent to these terms and conditions. In the registration form, we shall require such details as may be required in terms of AML or gaming legislation and any other regulatory instrument.

 

3.2 For the admission of the player to the casino the following minimum information is collected electronically during the identification:

 

- name (first and last name)

- temporary address

- permanent address

- place of birth (only the settlement), - date of birth (format: YYYY-MM-DD),

- e-mail or Mobil No

- Job occupation-Business Area

- photograph of the player

 

The casino records in addition to the minimum information listed above, also the following data of the player:

 

- citizenship

- Nationality

- photocopy of the ID card

- type and number of photo ID

- signature

 

3.3 The player accepts that his data is managed and registered by the casino. After a player has already been registered and enters the casino personally, he must show his photo ID and / or show his entrance card, and these data are compared at the reception desk with the data stored in the computer. At the time of the registration and any time after if necessary, we run your name in the self-baring system maintained by MGA. The information provided by you shall be verified and due diligence will be performed as required in terms of applicable AML legislation and procedures.

 

3.4 In the event any or all the information provided by you is materially false, we shall cancel your registration and take such other steps as may be required in terms of AML legislation.

 

3.5 By registering with us, you warrant and represent that:

- you are at least 18 years of age/ 25 in case you are Maltese;

- you have the mental capacity to take responsibility for your own actions and can enter into a legally binding agreement with us;

- you have provided us with personal details that are valid, accurate and complete in every aspect and you inform us immediately in writing should such details change;

- you understand that by playing the casino games, you may lose the money wagered and accept that you are fully responsible for any such loss;

- you are not a compulsive gambler or have any form of problem gambling;

- you have not signed up for the unified self-barring system; maintained by MGA;

- any money you deposit in our casino does not originate from criminal, illegal and/or un-authorized activities;

- you are authorized for using a payment method, such as debit card to deposit funds only if this account belongs to you.

- you will inform the Company immediately if you become aware of any irregularity, malfunction, defect or other error within the casino;  

- you will not take advantage or misuse any malfunction, defect, or other error.

 

3.6 At the end of the registration process, a membership card will be granted to you. This card is valid for an indefinite period and can only be used by the registered person.

 

4. The video surveillance system of the casino

 

In the casino, a video surveillance system is operated on a 24/7 basis as per our legal requirements and in the interest of the safety of the players and games. The recorded video footage is treated by the casino in accordance with the current legislation on the protection of personal data. For more information see our CCTV Policy from this link -  https://cloud.tumas.com/index.php/s/f5vbvxJ1AGgN4tG .

 

5. Opening hours of the casino

 

                7 days a week – 24hr basis 

                Casino is closed on Good Friday

 

Guests can play both on slot machines and gaming tables for the entire period of our opening hours. Poker tables will be available on a schedule most of the times in the evening or upon request.

Players can take part in organized casino games only on their own behalf.

 

6. Games offered by the Casino

 

6.1 The casino offers the following games:

     Roulette

     Punto Banco

     Black Jack

     Poker Games

     Slot machines

     Sports betting

 

6.2 The descriptions and the rules of the games can be gathered from the information brochures at the gaming tables, and at the reception desk. The bets can only be accepted in the form of the full amount in plaques, chips or cash. Cash will be changed immediately [in chips], since within the stated minimum and maximum deposits, only chips can be placed on the tables.

 

6.3 The game is valid only in that case, when the bets are submitted and accepted in good time to the relevant tables. The acceptance of the bets are confirmed verbally by the table supervisor or the dealer  by repeating such bets.

 

6.4 The player must be aware that his bets are placed accurately, even if he lets dealer placing them.

 

6.5 Bets on "even chance" that are not claimed even after the third pay-out shall be collected by the dealer (in case of dozens and columns after the second pay-out). In the event of the failure of a gaming machine, any stakes and winnings will be void.

 

7. Membership card

 

7.1 Membership card only has a number and is connected to your profile, but it doesn`t contain any personal information or information related to your transactions.

 

7.2 Membership card is valid for an indefinite period and it is not transferable. Once it is lost Player can ask for another one at the reception, by way of showing his identification documents.

 

7.3 With the membership card in hand you can gain entry to both Portomaso or Oracle casino, besides this card is encouraged to use when playing with Slots machines, as promotional points could be generated with it.

 

7.4 There are 4 levels of membership Cards: Club, Silver, Gold, Premium. Each of the levels has different rewards. Newly registered players start with the Club membership.

 

7.5 Depending on the number of points generated by playing, players can get their Membership level Upgraded or Downgraded in every 3 months as follows:

     < 7,500 points for Silver level

     <17,000 points for Gold level

     < 50,000 points for Premium level

Classification (upgrades and downgrades) is being done from the 1st day of every third month starting from the beginning of the year.

 

8. Reward scheme

 

8.1 Points on the membership card are based on your activity within our casino, you don`t need to subscribe for it, your participation is automatic.

 

8.2 Points, Rewards, and Vouchers are only for your personal use, thus they can not be purchased, sold, bartered, or otherwise transferred to other persons. You are requested to present your Membership Card for the collection/redemption of Points or for the use of Rewards and Vouchers.

 

8.3 When playing on slot machines, you need to place your card in the machine before gambling and leave it there during the play. It is your responsibility to ensure the proper insertion of your card in the machine.

 

8.4 For gaining points you need to gamble on a Slot machine, no points are given for buying in and cashing out.

 

8.5 Players who swipe their card at the Rewards kiosk, upon entering, will have 2 types of points: Purchase points, and Daily points.

 

Daily points are valid for 12 hours from entry;

-if a client stays in the casino for more than 12 hours, he needs to swipe the card again before the lapse of 12 hours otherwise, the timer resets.

 

Purchase points are valid for 1 year counted from the last transaction and will be deleted after the lapse of 1 year without activity.

-The deletion of points is automated, and the casino is not responsible for the loss of points due to inactivity by a client who Self-barred hem/herself or who is barred by management.

 

8.6 Daily points can be used to buy special daily promotions from the rewards kiosk including Lottery tickets, Slot promotions, and participation in slots tournaments.

 

8.7 Purchase points can be:

- used to buy slot promotions,

- used to pay for meals at the casino restaurant (subject to availability),

- converted to promotional credits (Daily Maximum of €200 for Club members, €300 for Silver members and €500 for Gold and Premium members),

- converted to cash.

 

Purchase points can be used both in Oracle casino and Portomaso casino.

 

8.8 Promotional credits can only be used on slot machines (excluding machines which have a roulette feature).

The amount of unused expired vouchers is not transferable and their validity may only be extended at the sole discretion of the Casino.

 

8.9 Points are calculated as follows:

10 points = €0.45 spent at the casino restaurant

10 points = €0.12 of Promotional credits

10 Points = €0.09 cash

1 Point = every €10 played at the Slots Machine

1 Point = every €40 played with the automated roulette

 

8.10 Bonus points could be generated during certain hours, when players canx2, x3 or x4 their points, by playing on the slots machine ( for more information please have a look at the monthly program found at reception).

 

8.11 The Casino will not be held responsible for the incorrect allocation of Points or Rewards if it was due to a malfunction of gaming equipment and/or systems software & hardware.

 

8.12 For live table gaming, points can be earned by players and the calculation thereof is made by casino`s system. Points are calculated on the basis of the average bet at the table and the period of the time spent at the Points will be credited to the membership card on the following day.

 

8.13 When playing on live tables points are generated as follows

Average bet * House Advantage / 100 * Point Value 

 

8.14 In case of death, purchase points will only be transferred to the relative indicated by his/her family member, when a death certificate is presented. The player must be a casino member.

 

9. Player Protection

 

9.1 You can self-exclude yourself from playing in the casino at any time by visiting the casino and stating your will at the reception. Self-exclusion will be effective within 24 hours, by sending your statement to the MGA`s unified self-baring system.

 

9.2 Once excluding yourself from playing you cannot enter into the premises until the time of the self-exclusion expires. The period of self-exclusion from playing in gaming premises shall not be decreased or revoked before the expiry of the set duration.

 

9.3 We`ve implemented adequate policies and procedures relating to player interaction so as to indicate which of the player’s behaviour may indicate problem gambling. In case we realize you having gambling problems, we will handle this issue according to our procedures.

 

10. Misconduct

 

10.1 Any misconduct in using the services is prohibited. The following non-exhaustive list of acts shall be deemed as misconduct:

- Player deliberately or intentionally provide inaccurate or misleading personal information upon registration or after;

- Player attempt to by-pass or circumvent the security or safer gambling checks in any way;

- Player attempt to manipulate the results of games by concerted practices, cheating;

- Player deliberately cause malfunctions or defects in order to undermine the natural flow of the game;

- Player violates any other regulation set out in these Terms and Conditions. 

 

10.2 Player shall not collude with fellow Players (i.e. any form of coordinated or unsolicited team play). If any collusion is identified by the Company, the Company has the right, in its absolute discretion, to escalate the matter to MGA.

 

11. Sanctions for Misconduct

 

11.1. In the event of Player misconduct, the Company reserves the right to immediately exclude the Player from any further use of the casino until full clarification of the situation. Furthermore, in such cases, the Company is also entitled to interrupt on-going games with or without prior notice.

 

11.2 In case of Player misconduct, including the provision of (fully or partially) incorrect or misleading information upon registration or afterward, by-pass or circumvent the security or safer gambling checks or agreed self-exclusion in the casino, the Company shall stop all access to the gaming premises and where possible original balances should be repristinated. Under no circumstances shall the Company refund any money that has been staked by the customer. In addition, the Company shall confiscate and not pay out any winnings and shall cancel any granted rewards. The Company is entitled to charge operational costs to the Player by way of set-off or by claiming any financial damages caused by the Player´s misconduct in the casino.

 

12. Player`s fund

 

12.1 Players fund are considered separate funds from other funds of the casino and players are only allowed to have a single account.

 

12.2 As a general principle funds may only be returned back to players using the same channel through which their funds originated.

 

12.3 Player’s account, which is not accessed by the Players for a period of six months will be considered inactive.

 

12.4 If the account is considered inactive and player has funds on deposit, the casino shall send a notice for funds withdrawal by contacting the player based on the information available (1st notice for funds withdrawal).

The period of inactivity does not include the period of the term of self -exclusion, or the exclusion done by the Casino.

 

12.5 Prior to the elapse of 1 year of inactivity, the Casino shall endeavour to send a final reminder to the player to withdrawal his/her funds. (Final notice for funds withdrawal).

 

12.6 Any refund of balances on the player account must be made in accordance with AML obligation, thus any funds on deposit will need to be transferred using the same channel through which they have been deposited. 

 

12.7 The Casino reserves the right to charge a fee on inactive accounts which has an outstanding balance after notifying the Player thereof within 30 days from the period of inactivity.

 

12.8 In terms of Section 34 of Directive 3 of 2018, Gaming Authorisations and Compliance Directive, if the casino licensee remains unsuccessful in remitting the balance to the player despite all the above notices and a final notice is sent, the casino may close the account and appropriate the remaining balance in its favour to be used to fund responsible gaming endeavours.

 

13. Payouts

 

13.1 Pay-outs can be done either in cash, return the same amount withdrawn from the credit card or by bank transfer and this is done at the Casino Cashdesk. With the exception of poker cash games, when management are able to confirm that such pay-out consists of winnings, they may also offer to make the pay-out using bank transfers. This, however, will be subject to checks to confirm that the account holder is the player winning such amounts. Prior to performing pay-outs, Players must present their membership card as the customer’s identity must be confirmed. Players are requested to be present when pay-outs are being made and shall not ask any third party to act on their behalf. All pay-outs are made against chips from live tables or hand-pays & cashless from Slots machines.

 

13.2 Any pay-out in cash shall be displayed and announced clearly by Casino Cashiers for the players to verify.

 

13.3 The Player can ask for a winner`s certificate if his/her winning amounts to or exceeds €2,000  and it will refer to a specific gaming date in cases of casino players or a game period in cases of Junkets or persons participating in organized events. All certificates will exclude  amounts wagered and/or the original buy-in.

13.4 When bank transfers are requested for winnings from live tables (cash game not included) and Slots a “Request for Bank Transfer Form” should be filled out and submitted to the Casino Cashdesk together with all documents required for the necessary verifications.  

 

14. Termination

 

14.1 Player can terminate his/her membership anytime, by his/her explicit statement thereof and by giving back his/her card to the company. In case of such termination no marketing material will be sent to the client.

 

14.2 Company can terminate the player`s membership in case of misconduct.

 

15. Compliant handling

 

15.1 Complaint means any complaint defined in Section 15.2 below and staff conduct concerning the licensed activities, and a dispute is any complaint which-

 is not resolved at the first stage of the complaint procedure; and

 relates to the outcome of the complainant’s gambling transaction.

 

15.2 The complaint which is here referred to is an expression of dissatisfaction made to the licensee about any aspect of the conduct of licensed activities. This means that the type of complaints relating purely to commercial issues, such as the service in the restaurant, the quality of the décor or facilities or the availability of space at a particular gaming table do not fall within this section of compliant handling, as they would not indicate a possible threat to the licensing objectives.

 

15.3 The Company endeavours to provide a high-quality service to its Players at all times. However, Players may for various reasons feel that they are not satisfied with the level and/or quality of service and may wish to file a complaint.

 

15.4 Complaint are usually dealt with by the supervisors or the management on duty during the casino operations. It is their responsibility to evaluate the complaints and make decisions. However, Players may also wish to escalate their complaint using the following procedure;

 

 You can raise your concern in writing to the Complaint Manager, Portomaso Casino, Level 1 Portomaso Business Tower St Julian’s or alternatively email your complaint to win@portomasocasino.com.

 

15.4 We will attempt to respond to a complaint as soon as is reasonably possible but will not exceed 10 working days from the receipt of complaint.

In case we do not receive any reply back to our communication within the following 10 days, we shall consider the case as closed and resolved.

 

16. Player Dispute Resolution

 

16.1 If you are not satisfied with our findings, you may decide to escalate the matter further by having it referred to an Alternative Dispute Resolution entity (ADR) which is an Independent Panel from the Casino. Our ADR is Pardee Consulta (First Floor, Victoria Buildings, 8 Triq l-Ghenieq, Naxxar NXR3622 Malta).You can reach Pardee Consulta website under this link: http://www.pardeeconsulta.eu, where you can read all relevant information relating to the service of an ADR Entity.

 

16.2 When a dispute is referred to the ADR Entity, in terms of the MGA Alternative Dispute Resolution Directive of 2018, the conclusions of the ADR Entity in arbitration/ adjudication capacity shall be binding upon both the Company and the Player, who referred the dispute.

 

16.3 Where such dispute falls outside the competence and jurisdiction of the Small Claims Tribunal (in accordance with the Small Claims Tribunal Act, Chapter 380 of the Laws of Malta) -ie. where the amount of the claim /dispute exceeds five thousand Euro (€5,000)- resolution of the ADR entity shall not be binding on the parties.

 

16.4 The ADR Entity will use its reasonable efforts resolving the dispute through reference to our terms and conditions and a process of non-binding mediation between you and the Casino. This process does not restrict a Player’s right to bring proceedings against the Company in any court of competent jurisdiction before or following ADR Entity`s proposed solution to the dispute.

 

16.5. Players may not request assistance for more than one year after the conclusion of the Company`s review of the complaint.

 

 

17. Processing of Personal Data

 

17.1 Your participation in our service is subject to the Company collecting personal data from you when the processing of personal data is for developing our service or fulfilling legal obligations.

 

17.2 This data may be processed, saved, archived by the Company, and shared with third parties, in the context of achieving a legal and legitimate aim pursued by the Company or by the third party to which the data will be disclosed, in particular in relation to the management of Player gambling records, the provision of Player services, detecting, preventing and fighting against fraud, statistical research, the management of disputes and debt recovery, and payment for services.

 

17.3 Personal data disclosed by the Player may be used by the Company to perform our services, and in case of Player`s consent, for direct marketing (sales campaigns, personalised advertising, etc.) in order to inform the Player about new promotions. All of your personal data processed by the Company, will be processed according to the provisions of GDPR. Our Customer Privacy Policy can be found following this link https://bit.ly/3bchq7a ,  thus being an integral part of these terms and conditions.