ShareKUWAIT: Since the beginning of summer, multiple residents have fallen victims to chalet rental fraud via online channels such as Facebook, Instagram, and TikTok. Despite widespread warnings from local news outlets and social media activists, many continue to be scammed. “I sensed something was off, especially when the person who I contacted refused to let me view the actual chalet in advance or pay him the money in person,” Salma Rashed, one of the victims told Kuwait Times.
Rashed found an ad on Facebook for a rental service showcasing a beautiful video of a chalet in Khairan. When she reached out to book the chalet for the weekend, she was pressured into paying a KD 50 deposit through a bank link. Unwilling to comply, she threatened to report the situation to the police, which made the person behind the ad stop responding to her calls and messages.
Lawyer Mohammad Al-Jasem noted that perpetrators of such rental fraud can face up to three years in prison, a fine of up to KD 3,000 or both. He added that anyone causing unlawful harm to someone, whether by intent or negligence, is liable to compensate for damages. According to Article 231 of the Kuwaiti Penal Code No 16 of 1960, fraud involves any deception intended to mislead someone into transferring their money to the fraudster or another party. Examples of fraud include pretending to offer a fake project, hiding or changing the details of a real project, promising fake profits, creating fake debt documents, hiding real debt documents, misusing funds, or using a false identity.
Jasem stated that victims can use various forms of evidence to file an official complaint with the police against fraudsters. This includes WhatsApp conversations with the perpetrators, especially if authenticated by the relevant authorities, as well as copies of payment receipts. According to him, the Kuwaiti Court of Cassation has confirmed in its rulings the admissibility of digital evidence in proving electronic crimes, based on relevant legal provisions in the E-Commerce Law and the Law of Evidence.
To protect themselves from fraud, he warned renters to verify the identity of the advertisers. According to Article 20 of the Kuwaiti E-Commerce Law No 20 of 2014, service providers online must disclose their identity and contact information. Any lack of this information may be a warning sign of unsafe dealings. Jasem also advised renters to avoid paying the full amount in advance. Finally, he added that they should always request for official written contracts, citing Article 23 of the Kuwaiti E-Commerce Law. This article highlights the importance of documenting electronic transactions with written contracts that clearly outline all agreed-upon details and conditions between the parties.
