A gambler who thought he had won £37 million (US$57 million) on a slot machine has been offered a free meal and £60 (US$93) instead, after casino bosses said the jackpot was due to a "software error".
Behar Merlaku, 26, played the winning machine at a casino in Bregenz, Austria.
Despite only getting four of the slot machine's five required matches, Mr. Merlaku was told he had won the massive jackpot — complete with a winning bell and flashing screen.
However when he went to claim his prize, the Swiss player was instead offered the money and meal by casino bosses after they refused to pay out.
Now the disgruntled 26-year-old is to launch a lawsuit in Austria next month to force the casino to honour the "win", which Mr. Merlaku's lawyers says he is entitled to because of the what machine said.
The civil action, thought to be the biggest claim of its kind anywhere in the world, is being keenly watched by gaming operators everywhere.
The incident happened in a Casinos Austria AG establishment at Bregenz, which is run by a company which also has UK outlets, on March 26 this year.
When Mr. Merlaku made his claim the operators of the casino immediately blamed a glitch in the machine.
When he snubbed the paltry offer of compensation he was banned from the casino. Lawyers for the plaintiff say the company has passed the buck to the fruit machine manufacturer and refuse to take any responsibility for the error.
It also cited Austrian law which said jackpots cannot normally be higher than two million euros.
A press conference is due to be held tomorrow in Innsbruck, Austria, outlining the case against Casinos Austria, which operates a casino in Glasgow.
Its UK subsidiary holds a UK gaming operators licence. It also operates casinos in Cairns and Canberra, Australia, and elsewhere.
Mr. Merlaku's legal team said, "The slot machine that produced the winning display was immediately accessed by Casinos Austria. The regulator, the Austrian Ministry of Finance, has shown no interest in pursuing an orderly investigation as would be the case in well regulated gaming jurisdictions such as the UK, Switzerland, Singapore, the USA, Australia and Macau."
The first hearing in the case is scheduled for January 10 next year.
Mr. Merlaku, a Kosovar-Albanian who moved to Switzerland at the time of the Balkans wars, said in an Austrian television interview that the greatest moment of his life quickly turned into the worst.
He added, "The jackpot came up loud and clear. There was music and the sum I had won — nearly 43 million euros — was displayed on a screen. I was so overjoyed and in my head I began calculating what I could do with all this money."
Mr. Merlaku even used his mobile phone to film footage of the winning noise and screen.
However, this could be used against him in court because the video shows he only had four of the five symbols in a line; in Austria there must be five matches.
His lawyers will argue that because the machine told him he had won and therefore is justified in pursuing a claim.
I know that most stores where i buy food, or get a service of some sort, if an employe accidentally marks the price of something lower than it should be, they will give it to me at that price, or if a representative quotes a wrong price, I will only pay what i was quoted.
But when a large amount of money is involved such as in this case, I'm not sure If he should get the whole thing. in my opinion, the casino should give this guy at least a million or so, that would be the right thing to do, because afterall, it's not like the casino can't afford it. The machine is on their property despite the error resulting from the manufacturer.
What casinos should do, and maybe they already do it, I don't know, is to require everyone to read a disclaimer before entering the casinos, so they know what the rules are, and have no basis for lawsuits.
Gotta side with the Casino here. Yeah it sucks, but clearly, if under the law in Austria, the JP couldn't be that big, and he only get 4 out of 5, it's got to be a software glitch.
I mean, I'd be upset, too, but this kind of stuff happens (although as the casino - I'd be returning any slots from that manufacturer.)
Seems I have been reading of this happening alot lately in different places. I for one will stay out of the casino's..
poor guy ... He should have taken the meal....
Pay the man!
I have NEVER been to any slot machine where there is a disclaimer BEFORE you put in a $1.00 that it is not responsible for "Software Glitches"
I've seen this happen in casinos in my area,but not for this amount of money.It sucks but the casinos usually win.My personal opinion is they should pay when THEIR machine malfunctions.But,like I said,the casinos usually win.
My sentiments exactly. How many JP at casinos have been hit only to be denied because of a malfunction? More than I am finding comfortable. That is why I stay out of casinos.
However, this could be used against him in court because the video shows he only had four of the five symbols in a line; in Austria there must be five matches.
If the above statement is a fact, in my opinion, he doesn't stand a chance!!
I have to agree. If all the numbers matched I would have sided with this guy. But this was clearly a mistake. His best hope is to try to settle outside of court.
I think he's going to have to settle for what he won according to the symbols.
4/5 with bells and whistles just isn't the same as 5/5 with bells and whistles.
I only play blackjack on the very rare occasions that I go to a casino!
Winning big on Friday! Going Green the proper way .......... with money .............
It must be very devastating to think that your financial worries are over only to be told that they are still very real.
I however think that casinos should start paying fines that go to the players who make the discovery that the machine is broken.
Say the machine breaks down and announces you have won $5M, the casino should offer you $10,000 for the adrenalin and emotions
that you go through the instant you think you have won big. $60 and a meal is not good enough, I think.
Dearsha - if you think they should be penalized & pay , then why not pay the guy who thought he'd won? Why do you think the penalty should go to the "Homeless" or the "School teachers instead of the guy????
If anyone gets a payout from this, it should be the GUY who thought he hit the jackpot, not the homeless or teachers. What part did the homeless people have in this?? Please explain
Im confused on this one
i work at a ac. casino,your idea is a blanket punishment on many ppl. that have nothing to do w/ the problem and are just trying to make a living
a few years ago we had a shutdown,caused by a budget disagreement between the gov. and senators,just a few days,but it was a weekend in the summer.
i know more then one person that still has not recovered from this
Casinos have on each machine the warnings: Malfunctions do no pay.This can include software glitches.
Had an incident where the electricity went out when in a bonus round, when the machine rebooted,I was set back to the original amount I placed in the machine. Unfair,perhaps, but when "gaming" the RISK is there to win or lose.
This guy either doesnt read or doesn't understand the gaming rules. I do not agree with them banning him though for exerting his right to challenge the casino.
your comment reminded me of a funny thing that used to happen when the slot machines were still electro-mechanical.
when there was a power failure,the casino's backup generators would kick in,this took about 4 seconds to occur.
when the power returned the machines would start dumping money in the payout tray even when when no one was playing them.
this sent the electricians,slot techs & security ppl.scrambling.
doesn.t happen anymore,machines are now fully electronic.
What would Jesus do? He wouldn't be gambling, which is a sin in the Holy Bible. Not that I don't like me a lil' sin every now and then... or almost always hahaha
I love poker and both Mega and Power
. But seriously, you shouldn't bring up Jesus unless funds are coming strictly out of charity/donations, not gambling. Business world is a cold one at that, and if the law already said that it couldn't be over $2M, plus the "winner" only had 4 out of 5, then this man is @$%& out of luck. When's the last time you heard matching 4 out of 5 was a jackpot? 'nuff said..
They should really investigate these casinos because when jackpots go off they always have a reason not to pay people with this malfinction bullcrap
It has been alot of casinos that have been doing this lately and this should let people see they are corrupt and set up.
Typical reaction/response...blame it on someone or something else. No accountability. The have no problem taking people's money though.
Don't play the game then complain about the rules being unfair. Like everyone else has said, every slot machine has a warning on it saying they do not pay if a malfunction occurs. They do not force you to put your money in.
You know there are rules posted everywhere and usually they are in favor of the establishment...some are clear and some not so clear. I'm not
complaining about the rules...I will play the games but also will be looking for loopholes in their ironclad disclaimers when they seem to remove
them from responsibility in any way they can by bending them. Even McDonalds "HOT COFFEE' warning wasn't enough to save them from a
lawsuit, now was it?? They got socked for millions.
I hope the jilted player gets compensation for the casino's slot machine malfunction. Accountability, it's a small thing to ask. A lot of places shift
the blame and are relieved they can. Imagine what a awful world it would be if more people did the right thing...wow.
Everybody is saying that the "malfunction" was the machine saying he won the jackpot when he didn't have five of a kind.
How about if the "malfunction" was the machine not showing the five of a kind like it was supposed to?
He got 4 out of the 5 matches. So they only owe him for a 4 out of 5 payout which is much less than what he wants but that is all he is owed. Casino games malfunction from time to time and they do not pay for this. So sounds like he will be getting probably $100 rather than the big jackpot he is looking for.-weshar75
"...A FINE OF 85% OF THE WINNING TO THE HOMELESS OR THE SCHOOL TEACHER'S..."
LIB ALERT!
LIB ALERT! 
LIB ALERT! 
That's a very good point Ridge and you may be on to something, but how do you explain Austria's law that a jackpot cannot exceed 2 million euros? Wouldn't that be a malfunction in favor of the casinos then, since it's a "crime" to advertise/award jackpots that exceed the legal amount?
Excellent point!!
Now I wonder rdgrnr, do you happen to have a name or word to describe the people who can't wait to shoot off their 'that's life' responses?
I just wonder when faced with a similar injustice, would they be so quick to say ANYTHING about enforcing silly rules that would prevent them from
getting what they think they are due?
You do have a very valid point Ridge. He may may have a punchers chance if he decides to see this thing through to the end. I have a feeling that they are going to side with the casino though. The casino's have the slot machine manufactures in their back pocket and will almost certaintly rule it as a "legitimate" malfunction.
This story reminds me of a casino in OK just across the border from TX. Not long after it opened a few years ago, there were news stories of people hitting jackpots on slot machines and not getting paid. At that point in time, I decided I didn't need to visit that casino.
No one can make a person go in there and play their games and take a chance on thinking you won and they say "malfunction". LOL.
austrian casino's run by ex communist leaders. probably would've been taxed 98% by them anyway.
Not what Jesus would say!
If you claim to love Jesus so much, you sure in his name don't act like it.
Matthew 5:39
"39 But I tell you, do not resist an evil person. If anyone slaps you on the right cheek, turn to them the other cheek also."
You might want to dust off that Bible and learn about the REAL Jesus.
Ridge, you have a very valid point, but if that video does show 4 symbols, instead of 5, in my opinion, he doesn't stand a chance. He can't prove it was a malfunction, just because the alarm sound, and only 4 symbols showed, but you can take it to the bank, the casino's lawyers will try and prove a software glitch.
"Despite only getting four of the slot machine's five required matches, Mr. Merlaku was told he had won the massive jackpot — complete with a winning bell and flashing screen."
All slot machines in legal casinos have "void if malfunction" signs and this one was obvious. If you matched 4 out of 5 on MM or PB and a clerk said you won the jackpot, would you expect to be paid?
Bob
If that happened to me I would call a lawyer right there and have the machine taken off line and
tagged. The malfunction could be determined by testing. If the machine test showed the machine
should have showed a match-5 then he might have a case for the 2 million.
RL