Gambling is a game, the course of which is mainly determined by chance and not by the knowledge and competence of the participants. From a legal point of view, a distinction is made in Germany between gaming devices with the opportunity to win money and gambling in general.
Games of chance are games the course of which is determined primarily by chance and not primarily by the knowledge of the players. Roulette is an example of a classic game of chance. Children and young people under the age of 18 are prohibited from gambling. They are also prohibited from entering casinos and gambling halls. Organizing and participating in online games of chance is prohibited in Germany. Gambling winnings are tax free.
What are the most popular games of chance?
There are a number of games of chance and gambling opportunities. The best known are among others. Roulette, Dice games of chance, such as dice. Gaming machines in restaurants or amusement arcades. Gambling machines in casinos or in casinos. Card games of chance, such as poker. State-offered games of chance, such as Lotto 6 out of 49 or Toto (a selection or result bet on the outcome of football games). Horse betting on the racetrack. Card games in casinos
Online poker rules
In UK, both the organization and the brokering of online games of chance are prohibited – including online poker. This is regulated in Section. If there are offers from abroad, the ban also applies. It is important here that the online gambling is aimed at a group of participants from Germany.
Gambling and protection of minors
All games of chance are generally prohibited for children and young people under the age of 18. You are not allowed to enter gambling halls and casinos. They are also prohibited from playing in lottery games, poker and sports betting – not even with a power of attorney or with the permission of their parents. Furthermore, they are also not allowed to use gaming machines installed in catering establishments.
Taxation and gambling
Winnings resulting from games of chance are generally tax-free, which means that they do not need to be stated in the tax return. The capital income generated from the assets, however, is taxable. It does not matter whether the money was won, for example, from a horse race or from an online casino.
The greatest danger in games of chance is the high addiction potential. To protect yourself from this, there is the possibility of self-locking. This prevents access to all games of chance offered in state casinos, such as roulette, poker or blackjack, as well as to state-of-the-art games of chance, such as Toto.
The application for self-blocking can be submitted personally to a lottery office or a casino. It applies nationwide and is unlimited. Furthermore, relatives can apply for a so-called foreign lock if, for example, the victim already has a gambling addiction. Before an application can be made, the need for this block must be demonstrated, for example using bank statements.
Self-lock vs. foreign lock
However, there is no blocking system for the use of commercial slot machines in arcades and in catering. Here, however, the possibility of a house ban might be an option.
Many players take part in games at so-called “online casinos” on the Internet and then have to find frustrated that they have lost their money. But in many cases, players who have lost their money at online casinos can claim it back, either from the online casino or even from the payment service provider or the bank involved. Because in Germany not only most (whatever must be checked in each individual case) of these online casinos are prohibited according to Section 4 (4) of the State Treaty on Gaming, it is also partially prohibited to participate in payments in connection with unauthorized gambling.
This enables players who have suffered losses after checking whether the provider has a license that is also valid in UK (this is often not the case, even if some seals of quality such as “Licensed in Europe” or similar) should suggest something else, which should not be the case in many cases, not only to take action against the online game provider, but also against the respective payment service provider who had processed the respective transaction.
Online casino players – check for damage claims!
In other cases, it can be checked whether it no longer makes sense to make use of the payment service provider involved, in some cases companies such as VISA or MasterCard or PayPal are also involved and in some cases they can be successfully claimed for damages because they are also in Germany are active. This decision, which has not yet been finalized by the LG Ulm, is likely to boost many of those affected who have lost money in online casinos and shows that there should often be very good chances of successfully recovering lost money.
It benefits those affected who have lost their money in online casinos that often, although the provider of the online casino is based abroad, a lawsuit is still possible in UK, e.g. B. because of the so-called “consumer place of jurisdiction”, the “place of jurisdiction of the tort”, which must always be checked in individual cases, or, e.g. B. because the payment service provider z. B. is already based in Germany. Enforcement should also often be guaranteed, either by means of options such as a “European enforcement notice” or because the company is located in Germany anyway and therefore enforcement should be ensured.