Rules of Procedure

§1 Nature of Trustera

Trustera is an independent Alternative Dispute Resolution (“ADR”) entity, established to resolve disputes between online gaming operators (“Operators”) and their customers (“Consumers”, and together with Operators, the “Parties”).

Trustera consists of the Trustera Board — its executive officers and shareholder representatives — and the Trustera Expert Panel, legal and technical experts appointed by the Board. Case administration is carried out by the Secretariat.

Trustera provides ADR services for complaints arising under, among others, the Anjouan and Tobique licence frameworks.

Trustera resolves disputes primarily on the basis of the contractual rules agreed between the Parties, the applicable licence conditions, applicable laws and regulations, and general legal principles.

§2 Scope of the procedure

2.1 Admissible disputes

These Rules apply to the out-of-court resolution of domestic and cross-border disputes concerning contractual obligations arising from gambling contracts between Consumers and Operators licensed by a recognised regulator, where the Operator has permanently submitted to the Trustera procedure or accepts it on an ad hoc basis.

Operators that have submitted to the Trustera procedure accept Trustera’s decisions as binding. Trustera retains discretion to decline claims originating from certain jurisdictions.

2.2 Inadmissible disputes

A dispute is inadmissible where it:

1. does not relate to a gambling transaction with the Operator;
2. is under investigation by a third party;
3. is brought by a person under the age of 18, or by a legally incapacitated person, without proper representation;
4. was not preceded by a direct complaint from the Consumer to the Operator;
5. is frivolous or vexatious;
6. is pending before another ADR entity or a competent court;
7. concerns a legal matter for which a specialised complaints procedure exists;
8. falls outside the claim value range set out in §2.3;
9. was submitted to Trustera more than one year after the Consumer’s initial complaint to the Operator; or
10. is based on an incomplete claims form, and the missing information is not provided within 14 days of Trustera’s request.

Trustera may dismiss a dispute at any stage of the proceedings if grounds of inadmissibility emerge after acceptance.

2.3 Claim value

The amount in dispute must be no less than USD 50 and no more than USD 500,000, or the equivalent in another currency.

2.4 Admissibility decisions and appeals

Where a claim is found inadmissible, Trustera issues a written, reasoned decision within three weeks. Either Party may appeal an admissibility decision to the Board within one week; the Board reviews the appeal within four weeks. A substantive decision may be appealed within one week on grounds of substantial legal or factual error, subject to the Board’s discretion to admit the appeal.

§3 Procedure of dispute settlement

3.1 The Consumer’s file

The Consumer bears sole responsibility for submitting a complete claims form with a concise, clear but complete presentation of the circumstances of the dispute, together with supporting documents. Proof of identity must be provided upon request.

3.2 The Operator’s reply

The Operator must submit the documents relevant to the dispute together with its reply.

3.3 Basis of resolution

Disputes are decided on the basis of the information submitted by the Parties. Trustera first attempts resolution by reference to the Operator’s terms and conditions, the applicable licence conditions, and a process of non-binding mediation between the Consumer and the Operator.

3.4 No investigation of its own motion

Trustera does not investigate the facts of the dispute and is under no obligation to request additional documents or evidence unless essential information is missing to decide the case. Unsolicited submissions made after filing are, in principle, not considered, and follow-up correspondence about them will not receive a response.

3.5 Default

If a Party fails to respond within 14 days, the case proceeds and is decided on the available record. An Operator that fails to reply within 14 days of receiving the claim risks a default decision.

3.6 Communication

Once a dispute has been referred to Trustera, the Consumer and the Operator should refrain from contacting each other to discuss it; all communication is channelled through Trustera. Proceedings are conducted in writing, in English, by email. Trustera does not discuss ongoing proceedings by telephone.

3.7 Composition of the panel

Disputes are decided by a sole Arbitrator. Disputes exceeding USD 100,000 are decided by an Arbitrator sitting with one or two experts. Arbitrators and experts must disclose any financial interest, personal interest or other circumstance liable to create bias; Trustera replaces a conflicted Arbitrator or expert, and a conflicted Arbitrator transfers the case.

§4 Representation

The Parties are not obliged to retain legal representation, but may seek independent advice or be represented or assisted by a third party at any stage of the procedure. A representative must provide evidence of their mandate before the case is formally opened. Minors below the age of 18 must be represented by a parent, guardian or lawyer at any stage of the procedure.

§5 Termination of proceedings

Proceedings end when the Parties reach a settlement or the Consumer withdraws the claim. Trustera may terminate proceedings where the confidentiality of the dispute is breached — in particular through disclosure to media by either Party — or where the Operator withdraws from the Trustera procedure.

§6 Decision

Trustera endeavours to conclude a dispute within ninety days of receipt of the complete file. Decisions are issued in writing; a copy is delivered by postal service upon request.

In non-binding proceedings, the Parties indicate acceptance of the proposed solution within two weeks; silence is interpreted as acceptance. The proposed solution may differ from an outcome determined by a competent court or tribunal applying legal rules.

§7 Recourse to court

Participation in the Trustera procedure shall not preclude the possibility of seeking redress through court proceedings.

§8 Confidentiality and data protection

Both Parties must maintain the confidentiality of the dispute. All information received by Trustera remains confidential; Trustera shall not be compelled to divulge records or to testify in adversary proceedings.

The Parties may not introduce in other proceedings:

1. views expressed, suggestions or offers made in the course of mediation; or
2. admissions made in the course of mediation.

The final Trustera decision may be used in judicial proceedings.

Submission of a claim constitutes the Consumer’s consent to the transfer of their data by the Operator to Trustera. Upon request, each Party receives the evidence and documents submitted by the other, subject to exceptions serving fraud prevention and anti-money-laundering measures; restrictions on third-party data may limit disclosure. Personal data are handled in accordance with applicable data protection regulations.

By submitting to Trustera proceedings, the Parties consent to the publication of the anonymised decision. No publication will disclose the identity of the Operator or the Consumer.

§9 Limitation of liability

Trustera accepts no liability for any loss, damage, loss of opportunity or inconvenience arising from any dispute between a Consumer and an approved licence holder, the failure of a Party to comply with the process and/or any agreement reached between the Parties, the process itself, or the conduct of Trustera in relation to the dispute.

§10 Dispute settlement fee

The procedure is free of charge for Consumers, regardless of the outcome. Fees payable by Operators are governed by the Operator’s subscription agreement with Trustera.

§11 Governing law and final provisions

These Rules of Procedure are issued by Trustera ADR. In case of conflict between different language versions of these Rules, the English version shall prevail.