QHA-Review_July_digital

LEGAL MATTERS with Curt Schatz
VOIDABLE BETTING TRANSACTIONS
QHA REVIEW | 28
With technological and sociological advancements, all
retailers and providers have been forced to consider
a revamp of their services and the mediums through
which those services are provided to the public. This
is no different for hotel operators, who have had to
continue to evolve their offerings in order to meet
the changing demands of their patrons. With such
advancements have also come various methods and
offerings through which patrons may get involved in
wagering.
Wagering is offered by a variety of providers
throughout Queensland and Australia through inperson
and online services. The essence of wagering
is the investing of money on an event or contingency
with the hope of a return on the investment based on
the result or outcome of that event or contingency.
The investment may either yield some or no returns
depending on the wager (including the amount of the
wager) and the outcome of the event or contingency.
There are many ways through which a person may
utilise the services of wagering providers to make a
wager, including in-person, by telephone, through an
automated device or online. All of these methods may
be susceptible to some form of error, whether it be of
a technical or clerical nature, which could result in a
person engaging in wagering to seek a return that is
more than the expected return for which they betted.
For example, a person may wager on a sporting
event and choose to place their wager online. The
intended wager is for $10.00 with an expected
return of $100.00, however, due to a system fault
the wager is recorded as $100.00 with only $10.00
being deposited. In the event the player has a winning
bet, they may claim for a larger return than they are
entitled to.
The wagering provider may have their own terms and
conditions which address such issues, however for
the hotel operator, the problem is then whether they
are required to pay the higher return to the player. This
can be a difficult issue to navigate, as on the face of it,
it would appear the player can claim and receive the
higher return.
However, this is not correct. The return on the player’s
investment is calculated from the amount of the
investment. Where this has been recorded incorrectly
due to a technical failure or other error, it will generally
render the bet void with a refund of the amount the
player actually wagered. This is regardless of whether
the player offers to pay the difference for their actual
investment and the investment recorded on their
wager.
Betting providers will have extensive terms and
conditions that will determine how such an issue may
be resolved. It can also depend on whether the error
is discovered before or after the event upon which
the bet is placed has commenced. If you experience
this issue, it is important to refer to the terms and
conditions of the relevant betting provider and then to
make a determination as to whether the bet is void.