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Rules of Procedure

1. INTRODUCTION


1.1. These Rules of Procedure (the “Rules”) establish the framework for handling and resolving disputes between players and licensed gaming operators (the “Operators”). The objective is to provide a transparent, fair, and efficient out-of-court settlement mechanism in accordance with the National Ordinance on Games of Chance (LOK) and CGA ADR Guidelines.

1.2. ADR Curaçao B.V. (the “Provider”) is an independent and impartial entity certified by the Curaçao Gaming Authority (CGA) to conduct alternative dispute resolution services.

1.3. All disputes submitted to the Provider shall be resolved:

  1. By independent adjudicators applying Curaçao law and principles of equity.
  2. Within a maximum timeframe of 90 days from the receipt of a complete dispute file.
  3. Through reasoned written decisions.

1.4. In accordance with regulatory requirements, the ADR process is provided free of charge for players.

2. DEFINITIONS


Binding Decision – means a final resolution issued by the Provider which the Operator is contractually and regulatorily obligated to implement without delay.

CGA – means the Curaçao Gaming Authority.

Complaint – means a written expression of dissatisfaction by a player relating to the Operator’s services, decisions, or conduct.

Dispute – means a Complaint that has not been resolved to the player’s satisfaction through the Operator’s internal complaints process and has been referred to the Provider for resolution.

Gaming Logs – means the technical data and transaction records generated by the Operator’s systems, required by the Provider to adjudicate technical or wagering disputes.

Rules – means these Rules of Procedure, as amended from time to time to comply with CGA Guidelines.

3. NATURE OF PROVIDER AND INDEPENDENCE


3.1. The Provider is an independent ADR entity. To ensure the integrity of the process, the Provider and its adjudicators remain strictly independent of any Operator.

3.2. Disputes are resolved by an Expert Panel consisting of legal and technical specialists. At least one member of the panel is a qualified lawyer admitted in Curaçao with specialized experience in gaming law.

3.3. No person involved in the adjudication process shall have financial, managerial, or other ties to any operator whose dispute is being handled. Adjudicators are required to disclose any potential conflict of interest, and will be immediately replaced if a conflict is identified to ensure impartial resolution.

3.4. Adjudicators are remunerated independently of the outcome of any Dispute, ensuring that all decisions are based solely on the evidence and applicable regulations.

4. ADMISSIBILITY AND GROUNDS OF REFUSAL


4.1. A Dispute is admissible only if the following conditions are met:

  1. The Consumer has attempted to resolve the issue directly with the Operator before submitting the Dispute.
  2. The Dispute is submitted to the Provider within one (1) year from the date upon which the Consumer submitted the complaint to the Operator.
  3. The Consumer is at least 18 years of age or is legally represented by a parent, guardian, or lawyer.
  4. The Dispute relates to a gambling transaction under a CGA license.

4.2. The Provider shall refuse to deal with a Dispute if:

  1. The Dispute does not relate to a gambling transaction or is currently being investigated by a third party.
  2. The Dispute is deemed frivolous, vexatious, or an abuse of the process.
  3. The Dispute is being, or has previously been, considered by another certified ADR entity, competent court, or tribunal.
  4. The Dispute refers to a legal matter for which special complaint procedures are foreseen by law, such as data protection or AML-specific statutory procedures.
  5. The Consumer fails to provide a complete claims form or fails to submit missing information within fourteen (14) days after the Provider’s request.
  6. The resolution of the Dispute would seriously impair the effective operation of the Provider due to its extreme complexity.

4.3. The Provider reserves the right to dismiss a Dispute at any stage if a reason for inadmissibility arises or is discovered after the initial acceptance.

5. DISPUTE HANDLING PROCEDURE


5.1. Regarding the submission and initiation of a formal ADR procedure, the following rules shall apply:

  1. Before initiating a procedure with the Provider, the Consumer must first attempt to resolve the Dispute directly with the Operator through their internal channels.
  2. To start the ADR process, the Consumer must submit a completed claim form via the Provider’s official online platform or through the compliance seal link.
  3. The Consumer must ensure the form is fully completed, includes clear proof of identity, and all supporting documentation to be considered valid.
  4. The claim form and all associated guidance shall be available in English.

5.2. Regarding the provision of evidence and response times:

  1. The Provider will collect and review all necessary evidence, including technical records and gaming logs, to investigate the Dispute.
  2. All formal correspondence between the Provider and the Parties shall be conducted via email in the English language.
  3. Once the Dispute is under the Provider’s review, the Consumer and the Operator must cease all direct contact regarding the subject matter of the Dispute.

5.3. During the investigation phase, the following standards shall be maintained:

  1. The Provider is committed to issuing a final decision within ninety (90) days from the date the dispute file was deemed complete.
  2. In exceptional cases of extreme complexity, the Provider may extend this timeframe, provided that a reasoned explanation for the delay is communicated to both Parties in advance.
  3. The Provider shall conduct an independent, fair, and impartial assessment based on the evidence and applicable regulations.

6. COMMUNICATION, EVIDENCE AND CONFIDENTIALITY


6.1. Regarding communication and language requirements:

  1. All formal correspondence between the Provider and the Parties shall be conducted exclusively via email in English.
  2. It is the responsibility of both Parties to provide the Provider with an up-to-date email address for all notifications.

6.2. Regarding transparency and contact during the process, evidence or facts submitted by one Party shall be shared with the other Party, except for specific confidential information.

6.3. Regarding confidentiality and data protection:

  1. Internal security measures, fraud prevention protocols, and personal data are kept strictly confidential and will not be disclosed to the opposing Party.
  2. All personal data is handled in compliance with the Curaçao Data Protection Framework.
  3. Records and documents generated during the process cannot be used as evidence in future legal proceedings, except for the final decision itself.

7. INVESTIGATION AND ADJUDICATION PROCESS


7.1. Regarding the principles and methodology of the dispute investigation:

  1. The Provider shall conduct a thorough review of all submitted evidence to ensure a well-substantiated decision based on reasoned analysis.
  2. The Provider may request and review technical data, including Gaming Logs, to verify wagering outcomes or technical malfunctions.
  3. Decisions are based on the Operator’s terms, applicable laws of Curaçao, CGA policies, and principles of equity.

7.2. Regarding the submission of documentation and evidence:

  1. The completeness of the initial submission is essential, as the Provider is not obliged to accept further documentation after the initial deadlines.
  2. If essential documentation is missing, the Provider may request additional records to be submitted within fourteen (14) days.
  3. If a Party fails to provide requested information on time, the Provider may determine the Dispute based on the information currently on file.

7.3. Regarding alternative resolution methods, at the request of both Parties, non-binding mediation may be conducted to reach an amicable settlement.

8. DECISION TIMELINE AND TERMINATION OF PROCEEDINGS


8.1. Regarding the mandatory timeframes for the resolution of Disputes:

  1. The entire dispute resolution process shall be completed within ninety (90) days from the date the Provider has received a complete dispute file.
  2. In cases of extreme complexity, the Provider may extend the resolution period, provided that a reasoned explanation for the delay is communicated to both Parties in writing.

8.2. Regarding the Consumer’s right to withdraw and the termination of the ADR process:

  1. The Consumer has the right to withdraw from the ADR proceedings at any time by providing a formal written notice to the Provider.
  2. Once a Consumer has voluntarily withdrawn from the proceedings, they are prohibited from reinstituting an ADR claim based on the same Dispute.
  3. The Provider may terminate proceedings if a Party breaches the confidentiality of the settlement process or if the Operator withdraws from the Provider’s service.

9. FINAL DECISIONS AND OUTCOME


9.1. The final decision shall be based on a comprehensive review of the submitted documents, the Operator’s terms, and applicable Curaçao regulations.

9.2. Regarding the structure and communication of the decision:

  1. Each decision must be issued in writing and include a summary of the facts, the reasoning behind the determination, the final outcome, and a timeline for implementation.
  2. The Provider shall communicate the final decision to both the Consumer and the Operator via email without undue delay.

9.3. Regarding the binding nature and subsequent legal rights:

  1. The Provider’s outcomes are contractually and regulatorily binding on the Operator, who must implement the decision within the prescribed timeframe.
  2. In cases where a proposed solution is issued, the Parties must inform the Provider of their acceptance within two (2) weeks of delivery.
  3. Participation in the ADR process and the issuance of a decision do not waive the Consumer’s right to seek further recourse through the courts of Curaçao.
  4. While the decision is binding on the Operator, it serves as a proposed solution for the Consumer, who may choose to accept the outcome or pursue judicial litigation.

10. REPRESENTATION AND ASSISTANCE


10.1. Regarding the right to representation and the involvement of third parties in the proceedings:

  1. The Parties are not obligated to retain a lawyer or legal advisor; however, they may seek independent advice or be represented and assisted by a third party at any stage of the procedure.
  2. Should a Party choose to be represented by a legal advisor or another representative, a formal mandate or power of attorney must be evidenced to the Provider before the case can proceed.
  3. Minors under the age of 18 must be represented by a parent, legal guardian, or a lawyer at all stages of the ADR procedure.
  4. The Provider reserves the right to require additional proof of authority for any person acting as a representative to ensure the legitimacy of the representation.

11. TERMINATION OF PROCEEDINGS


11.1. The formal ADR proceedings shall be terminated under the following circumstances:

  1. The Parties reach an amicable settlement or the Consumer formally withdraws the claim.
  2. A Party breaches the confidentiality of the process, such as by reporting details to the media or publishing them externally.
  3. The Operator withdraws from the Provider’s services.
  4. The Provider is required to terminate the proceedings for mandatory reporting and regulatory compliance purposes.

12. CONFIDENTIALITY AND DATA PROTECTION


12.1. Regarding the processing of personal data:

  1. By submitting a Dispute, the Consumer explicitly consents to the transfer of all relevant data from the Operator to the Provider for the purposes of adjudication.
  2. The Provider shall process all data in strict compliance with the Curaçao Data Protection Framework.

12.2. By participating in these proceedings, the Parties consent to the publication of anonymized decisions for transparency purposes.

13. LIMITATION OF LIABILITY


13.1. The following provisions establish the limitations of the Provider’s legal responsibility:

  1. The Provider accepts no liability for any loss, damage, loss of opportunity, or inconvenience arising from the Dispute itself or the conduct of the Parties.
  2. The Provider shall not be held responsible for the failure of either Party to comply with the ADR process or any agreement reached through the mediation.
  3. No liability is accepted by the Provider regarding the outcome of the process or the professional conduct of the adjudicators in relation to the Dispute.

14. DISPUTE SETTLEMENT FEE


14.1. In accordance with CGA ADR Guidelines, the dispute settlement process is provided free of charge for players.

15. GOVERNING LAW AND JURISDICTION


15.1. The legal framework and forum for these proceedings are as follows:

  1. All ADR proceedings, these Rules, and any resulting decisions shall be governed by and construed in accordance with the laws of Curaçao.
  2. Any legal actions or court proceedings arising from or relating to the Provider’s services shall be brought exclusively before the Courts of First Instance of Curaçao.
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