That would all be nice and fine, except it depends a lot on what legal classification Bitcoin trading falls under at this time. If it's considered more akin to gambling than banking, it could very well be argued that you aren't entitled to any refund. I don't think we'll really know until we see a few Bitcoin-related lawsuits and get the judicial system's take on Bitcoin. Until then what you're seeing is that people mostly expect Bitcoin not to be recognized or protected by the state as any kind of property or real value.