Renter - Terms & Conditions

1. Introduction

1.1 innerCircle provides an on-line platform and various tools, services, and functions which enable property owners to list property and renters to book such property (together the “Services”). Services are provided via URL’s on which these terms and conditions are posted, by link or otherwise (collectively, the "Site"). The Site is operated by InnerCircle Ltd, incorporated and registered in the Cayman Islands (“innerCircle” “we” “our” “us”). Booking payments conducted through the Site (the “Payment Services”) are handled by third party payment providers, and/or InnerCircle Ltd. Payment Services are subject to the terms and conditions of those Owners, third party payment providers or, in the case of InnerCircle Ltd., subject to the Accommodation Fee Collection Agreement. For the purposes of convenience of definition (but not otherwise) where we use the term “innerCircle” in these terms and conditions we are referring to InnerCircle Ltd and each of its affiliates and subsidiaries, including, without limitation, innerCircle.


1.2 These terms and conditions (the “Renter T&Cs”) together with the Privacy Policy govern the relationship between innerCircle and any individual using or accessing the Site and any of the content or services available through it as a renter or potential renter, and who is not using it in their capacity as a property owner or property manager (each, a “renter” or “you”). Renters include people who use the Site to access information about and to book properties, whether for business or leisure purposes, from property owners or property managers.


1.3 The Renter T&Cs constitute a legally binding agreement between innerCircle and the renter. By using or accessing the Site or innerCircle’s platforms or systems, you acknowledge that you agree to and are subject to the Renter T&Cs, any applicable terms and conditions for the Payment Services, including but not limited to the Accommodation Fee Collection Agreement as well as our Privacy Policy, on behalf of yourself and all persons named or otherwise traveling on your booking. A renter’s booking through or use of a innerCircle site (including the Site) is governed by the terms and conditions on the innerCircle site through which the booking is finalized (and not necessarily the innerCircle site on which the Property was originally listed). To the extent of any conflict between the terms and conditions of the innerCircle site on which you found the Property and the terms and conditions of the innerCircle site you finalize a booking through, the terms and conditions of the innerCircle site where the booking is finalized will govern and prevail. If you do not accept and agree to the Renter T&Cs without modification, you are not authorized to access or otherwise use the Site.


1.4 innerCircle does not authorize anyone to register with, or to otherwise use, this Site unless they have the capacity to enter into legally binding contracts in the Cayman Islands.


1.5 innerCircle may revise these Renter T&Cs at any time by posting an updated version to this web page. You should visit this page periodically to view the most current Renter T&Cs because they are binding on you. Any changes made after you have made a booking will not affect that booking unless we are required to make the change by law.

2. The Basics

2.1 This Site is a place where renters can view listings of, and obtain information about, properties offered for rent (each a "Property" and together the “Properties”) by others, including property owners, lessees and managers (each, an “Owner” and collectively with a renter, the “users”). We may also offer other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions with each other.


2.2 The Site acts only as a platform for users to interact with each other. innerCircle is not, and does not become, a party to any contractual relationship between the renter and the Owner in respect of any booking, Property or payment, and does not mediate between the renter and the Owner in the event of any dispute arising between them. You acknowledge and agree that the renter and the Owner will be responsible for performing the obligations of any such agreements, that innerCircle is not a party to such agreements, and that, with the exception of innerCircle’s obligations under the Accommodation Fee Collection Agreement, innerCircle (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements. This is true even if the Site facilitates a booking for a Property or the use of other Services, as innerCircle is not a party to any rental or other agreement between renters and Owners.


2.3 Renters are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any Services and any transaction they enter into either on the Site or in connection with their use of the Site. Renters should please note that Owners are responsible for and agree to abide by all laws, rules and regulations applicable to the listing and rental of their Property and the conduct of their rental property business. Please be aware that even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to any Property Listed on the Site, there may be circumstances where we are nevertheless obligated or required (as we may determine in our sole discretion) to provide information relating to any listing in order to comply with governmental or regulatory body investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.


2.4 innerCircle charges a service fee payable by renters who book a Property on the Site via the Site checkout. The service fee covers the use of the Site, including such features as customer support, and is calculated as a percentage of the total rental amount (which may include additional fees and damage deposits charged by the Owner). Owners agree not to encourage or advise a renter to avoid or circumvent the service fee charged by innerCircle, and renter agrees not to avoid or circumvent the service fee.


2.5 innerCircle may be required to collect and remit taxes (inclusive of GST, sales taxes, or other equivalent taxes) on the Service Fee. Where required, innerCircle will provide the renter with commercial receipt stating the amount of taxes charged on such Service Fee. If the renter is entitled to an exemption from indirect taxes or their equivalent on the Service Fee, it must provide innerCircle with required documentation and support for such exemption.


2.6 Collection and remittance of the Stay Tax: renters are liable for the payment of any tourist tax, lodging tax, tourism tax, or other similar taxes as requested by local jurisdiction (“Stay Tax”), which tax must be generally collected by the Owners. In certain jurisdictions, innerCircle may be required, or decide in its sole discretion to directly collect and remit the Stay Tax on behalf of the Owners. In such case, the Owners will have no action to take regarding the collection from the renters and the remittance to the city of this tax, to the extent it is collected and remitted by innerCircle. In any jurisdictions in which such process will be implemented, Owner instructs and authorizes innerCircle to collect the Stay Tax from the renters on their behalf and to proceed to the relevant tax filing requirements before the City, including its remittance.


2.7 The Site contains Listings (defined below) provided by Owners and content from other third parties. Such content is the responsibility of the Owner or third party creator of the content. We have no responsibility for such content as we merely provide access to the content as a service to you and provide you with the facility to communicate directly with the Owner to enquire about a Property and make bookings with the Owner for the rental of such Property. All bookings you make are made directly with the Owner and your contract will be with the Owner. Any such contract will govern your right to occupy and use the Property and may contain obligations to pay additional fees and taxes. innerCircle has no liability to you for the Owner’s provision of the Property. We do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information in the Listings or any opinions/content posted by third parties.


2.8 innerCircle allows renters to display prices on the Site in the currency of their choice and may also allow renters to pay in the currency of their choice. Different currency choices are generally based on publicly available currency rates and are not guaranteed to be the best rate available. If your currency of choice is not supported for a booking, you'll be charged in the Owner's selected currency. In any event, the currency and exact amount you will pay will be displayed clearly at check out. Our overall compensation may be affected by the currency you choose to pay in. Note that if you pay in a currency different than the currency of your card, your bank or card provider may charge you foreign exchange, transaction, or other fees.


3. Property Listings and Interaction with Owners

3.1 Please note that Owners are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated. Thus, where a Listing is linked to an automated translation facility, such as Google Translate, it is the Owner’s responsibility to ensure that the resulting translation is accurate, and to correct any deficiencies.


3.2 If a renter finds a Property in which they are interested in booking, they can request to book. Renters that use the Site to make a request to book, book a property or who otherwise register with us, will receive our newsletter. innerCircle may offer different newsletters from time to time intended to enhance the services offered by a member of the innerCircle Group. Renters may cancel their subscription to these email newsletters at any time, although it may take a short while for the changes in your preferences to become effective.


3.3 Renter can request a booking online, which: (i) for instant confirmation properties, can be confirmed without a delay from requesting the booking; and (ii) for all other properties, shall be approved or declined by the Owner within 48 hours. For online payment, a renter whose booking was confirmed can pay with their credit card through the payments gateway offered by our third party payment provider and/or the Owner, and/or innerCircle. The online payment service is subject to the terms and conditions of the third party payment provider, or the Owner, or, in the case of innerCircle, the Accommodation Fee Collection Agreement and renter agrees and acknowledges that (with exception of innerCircles’ obligations pursuant to the Accommodation Fee Collection Agreement) innerCircle has no control over or any responsibility for this service.



4. Rights and obligations of innerCircle

4.1 innerCircle will endeavor to reproduce accurately on the Site any photographs supplied by Owner. However, renter acknowledges that deviations from original photos can occur when scanning non-digital images or due to individual screen settings, and that innerCircle shall have no responsibility or liability for any such deviation.


4.2 Further, you acknowledge that each Owner and not innerCircle is responsible for the accuracy with which the photos and descriptions depict the relevant Property.


4.3 innerCircle may occasionally undertake upgrades and maintenance of the Site, its platforms and systems. These works may result in restrictions on usage. innerCircle will, where possible, aim to ensure that such works are undertaken at a time when most renters’ usage is least affected.


4.4 User verification on the Internet is difficult and we cannot and do not assume any responsibility for verification of each user's purported identity. We encourage renters and Owners to communicate directly with each other through the tools available on the Site (however, even this cannot guarantee the identity of the person with whom you are communicating). We further encourage renters to take other reasonable measures to assure yourself of an Owner's identity and of the Property and relevant details of your booking or proposed booking.


4.5 You acknowledge and agree that innerCircle is not responsible for checking the identity, or for the behaviour, of Owners or for establishing the nature, condition or existence of a Property.


4.6 innerCircle reserves the right to transfer these renter T&Cs, and to assign or subcontract any or all of its rights and obligations under these renter T&Cs, to a third party or to any other entity belonging to the innerCircle Group, but will not do so in such a way as to reduce any guarantees you are given under these renter T&Cs.


4.7 The property listings displayed in a given set of search results depend primarily on the particular combination of property parameters and filters entered by the renter. Search criteria may include such things as property location, dates of stay, number of renters, type and nature of accommodations, desired property attributes and amenities, and price range, all of which are processed in accordance with our computer algorithms to find listings that most closely match those criteria. The order of appearance of those listings among all of the properties on the platform that meet the renter’s search criteria (i.e., the sort order) then may be influenced further by renter-selected sort preferences, such as low-to-high pricing or high-to-low ratings; as well as factors that are compared automatically by sort-algorithms, such as popularity of the property among other renters, quality of the property and the listing content, competitiveness of rates and availability, and the amount we will earn in service fees, all relative to other properties that meet the renter’s criteria. Certain listings also may be closer to the top in a set of search results as a result of the partners’ having chosen to apply a “boost” to those listings on one or more of the renter’s selected dates-of-stay. Renter search-results and property sort-order are dynamic, and will vary from search to search, based on demand, availability, changes in partner status or listing popularity, and so on. In addition, as we continue to make improvements in our programs and tools, we may run tests or modify our default sort-order algorithms from time to time to help improve both the renter and partner platform experience.


5. Intellectual Property

5.1 All content that appears on the Site is protected by copyright and other applicable intellectual property rights. To the maximum extent permitted by law, reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.


5.2 Renters are permitted to download, display or print individual pages of the Site to evidence any agreement with innerCircle and to retain a copy of their bookings. The relevant file or the relevant printout must clearly bear the text “© Copyright 2020 innerCircle - All Rights Reserved”.


5.3 Where a renter submits to or transmits through the Site (or innerCircle’s platform or systems) any content of any type, including text or images, the renter undertakes that it has the legal rights to do so.


5.4 To the extent that renters’ reviews or other content may contain trademarks or other proprietary names or marks, renters undertake that they have the right to use such names or marks.


5.5 By submitting any form of content to the Site (including but not limited to all text, descriptions, reviews, photographs, and the like), the renter grants innerCircle and each of their subsidiary and affiliate companies, a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable (through multiple tiers) right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform any such content throughout the world in any media, now known or hereafter devised for any purpose.


6. Renters’ Accounts, Communications and Reviews

6.1 Renters must provide only accurate, complete and truthful information concerning their identity and any other communications on the Site, including reviews of Properties.


6.2 Messages sent via innerCircle’s systems should only relate to genuine booking concerns. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse innerCircle’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. You agree that you will protect other users’ personal information with the same degree of care with which you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.


6.3 Renters may post their reviews of Owners’ Properties (“renter Reviews”) on the Site. The Owner is given the opportunity to view renter Reviews and to respond to them (an “Owner Response”). Owners will also be given the opportunity to rate the renter’s stay (“Owner Review(s)”) and such Owner Reviews will be made available to other Owners you contact. Owner Reviews cannot be used to exclude or discriminate against individuals. The renter’s sole remedy in relation to Owner Reviews, and innerCircle’s sole obligation in relation to Owner Reviews, is to permit the renter to post a renter Review within 14 days of the submission of the Owner Review. innerCircle otherwise expressly disclaims any liability for any renter Review or Owner Review. renter acknowledges and agrees that innerCircle may make such Owner Review available to other Owners who the renter contacts through the Site.


6.4 Please note that innerCircle does not, and realistically does not have the resources to, verify the accuracy or otherwise of renter Reviews, Owner Responses or Owner Reviews.


6.5 innerCircle may decline to post in its sole discretion any Reviews, Owner Responses, Owner Reviews and other communications using innerCircle’s systems.


6.6 innerCircle does not generally conduct identity checks. If renters suspect that an Owner has supplied false information, they are invited to notify innerCircle through the contact form.


6.7 innerCircle complies with its Privacy Policy. Further details can be obtained from the Privacy Policy found on innerCircle Sites. The renter consents to the collection, use and handling of their data as outlined in the Privacy Policy. Renters should note, Owners have generally authorized innerCircle to forward the Owner’s contact details, including telephone number, to renters in connection with a Property booking. Renters may ask for these details to be supplied on production of proof of the booking; alternatively, these details may be otherwise made available to renter.

.

7. Indemnification

You agree to defend, indemnify and hold harmless the innerCircle and its equity holders, officers, directors, employees and agents against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any material or content you provide in connection with the Site; (b) your use of the Site (including, without limitation, any content on the Site); (c) any breach by you of these renter T&Cs; or (d) your use of the Property. innerCircle will provide notice to you promptly of any such claims.


8. Prohibitions

The renter must not directly or indirectly:

  • with respect to the Site, its content, and databases comprised in the Site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;

  • monitor content on the Site or innerCircle’s platform or systems by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or adverts for properties available for booking, or any subset of the same or which is in the business of providing services that compete with the innerCircle) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with innerCircle’s robots.txt file;

  • monitor content on the Site or innerCircle’s platform or systems by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or adverts for properties available for booking, or any subset of the same or which is in the business of providing services that compete with the innerCircle) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with innerCircle’s robots.txt file;

  • use the Site or innerCircle’s platform or systems for purposes other than those referred to in these renter T&Cs;

  • use the Site or innerCircle’s platform or systems for purposes other than those referred to in these renter T&Cs;

  • use the Site or the Services for the purpose of booking or soliciting a rental for a property other than a Property under a valid Listing;

  • use the Site or the Services for the purpose of booking or soliciting a rental for a property other than a Property under a valid Listing;

  • reproduce any portion of the Site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or any other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;

  • reproduce any portion of the Site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or any other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;

  • upload or send to the Site (or innerCircle’s platform or systems) any contents or programs, which on account of their size or nature, might damage innerCircle’s computers or networks;

  • upload or send to the Site (or innerCircle’s platform or systems) any contents or programs, which on account of their size or nature, might damage innerCircle’s computers or networks;

  • include content on the Site (or innerCircle’s platform or systems) that breaches any applicable criminal or other laws, or encourages any such breach;

  • include content on the Site (or innerCircle’s platform or systems) that breaches any applicable criminal or other laws, or encourages any such breach;

  • use or access the Site or innerCircle’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);

  • use or access the Site or innerCircle’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);

  • post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;

  • post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;

  • post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or

  • post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or

  • refer to any member of the innerCircle Group or any of their respective affiliates in any way that might lead someone to believe that the renter or any website is sponsored by, affiliated with, or endorsed by any member of the innerCircle Group or any of their respective affiliates.

  • refer to any member of the innerCircle Group or any of their respective affiliates in any way that might lead someone to believe that the renter or any website is sponsored by, affiliated with, or endorsed by any member of the innerCircle Group or any of their respective affiliates.


9. Right to delete content

Renters are responsible for ensuring that their communications, and content posted, through or in connection with the Site, including renter Reviews and communications with Owners, do not infringe applicable law, the rights of any person or entity, or contain false information, personal insults, anything libelous, slanderous or defamatory, anything that infringes copyright, or data protection laws. innerCircle may review any content on the Site or innerCircle’s platform or systems and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, innerCircle shall be entitled immediately to remove from the Site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account. innerCircle may review any content on the Site or innerCircle’s platform or systems and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, innerCircle shall be entitled immediately to remove from the Site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.


10. Notifications

10.1 Any messages to us may be sent using the contact form on innerCircle Sites.


10.2 Notifications of copyright infringement must contain:

  • your postal address, telephone number and email address;

  • precise details about the content in question (insertion of the text or image) including a link to the website;

  • precise details about the content in question (insertion of the text or image) including a link to the website;

  • a signed declaration in lieu of an oath, which evidences that you:
    • hold the exclusive rights to use the work; and

    • have not authorized the use of the material in question in this form.

  • a signed declaration in lieu of an oath, which evidences that you:
    • hold the exclusive rights to use the work; and

    • have not authorized the use of the material in question in this form.

11. Liability of innerCircle

11.1 The Site is merely a platform allowing you to view Properties listed on the Site, communicate with Owners in respect of any queries or questions you may have, or to make a booking with an Owner for the rental of a Property. We accept no liability in relation to any contract you enter into with an Owner or for any Property you book, nor do we accept liability for the acts or omissions of any Owners or other person(s) or party(ies) connected with the Property. For all Properties, your contract will be with the Owner and their terms and conditions will apply to your booking. These terms and conditions may limit and/or exclude their liability to you and you should read them carefully before making a booking.


11.2 We do not provide liability insurance protection for Owners, property managers, or renters; regardless of whether a user obtains insurance coverage through one of our third party providers. Renters are advised to obtain suitable travel insurance to cover their booking for the Property from an Owner, including in the event they have to cancel their booking. It is the renter’s responsibility to ensure that the insurance it purchases is adequate and appropriate for the renter’s particular needs.


11.3 To the maximum extent permitted by law, but subject to clause 12.4, in no event will the innerCircle Group or any of its subsidiaries, affiliates, officers, directors, consultants, agents and/or employees or any third party provider of a tool offered on any site of a member of the innerCircle Group be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the Site or innerCircle’s platform or systems, any materials or content you submit to the Site, and your use of the Site and/or any transaction between users, even if innerCircle has been advised of the possibility of such damages. Subject to clause 12.4, these limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the Site (or the innerCircle platform or systems) or you do not agree with any part of these renter T&Cs, then your sole and exclusive remedy against innerCircle is to discontinue using the Site.


11.4 Nothing in these renter T&Cs shall exclude or restrict innerCircle Group’s liability for death or personal injury resulting from its negligence; nor for innerCircle Group’s fraud or fraudulent misrepresentation.


11.5 Nothing in these renter T&Cs affects any rights you may have and which by law cannot be excluded, including under the Consumer Protection (Fair Trading) Act (Cap 52A, 2009 Rev Ed) and the Unfair Contract Terms Act (Cap 396, 1994 Rev Ed).


12. Disputes

12.1 innerCircle is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims only in accordance to this section.


12.2 Where any dispute or claims arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, and any dealings with our customer service agents, any services or products provided and any representations made by us (collectively known as “Claims”), these Claims shall be resolved in accordance with the procedure specified below.”), these Claims shall be resolved in accordance with the procedure specified below.


12.3 Claims also include any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these renter T&Cs, regardless of whether prior versions of the renter T&Cs required arbitration.


12.4 You agree to first give us an opportunity to resolve any Claims by contacting us in writing (the “Claims Notice”). If we are not able to resolve your Claims within 60 days of receiving the Claims Notice, you may seek relief through arbitration or in the small claims courts in the Cayman Islands (SCC). If we are not able to resolve your Claims within 60 days of receiving the Claims Notice, you may seek relief through arbitration or in the SCC, as set forth below.


12.5 Where parties are not able to resolve any Claims within 60 days of the Dispute Notice being issued, the Claims shall be referred to and finally resolved by arbitration administered by the Cayman Islands Arbitration Act, except that: (a) You may choose to assert the Claims in the SCC if the Claims fall within the jurisdiction of the SCC, and (b) either party may seek injunctive or other urgent equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or breach of a party’s intellectual property rights (including, without limitation, copyright or trade marks), or in other exigent circumstances (such as any actual or threatened crime or cyber-attack).”), except that: (a) You may choose to assert the Claims in the SCC if the Claims fall within the jurisdiction of the SCC, and (b) either party may seek injunctive or other urgent equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or breach of a party’s intellectual property rights (including, without limitation, copyright or trade marks), or in other exigent circumstances (such as any actual or threatened crime or cyber-attack).


12.6 For the avoidance of doubt, where the Claims fall outside the jurisdiction of the SCC, the Claims shall be referred to and finally resolved by the Cayman Islands Arbitration Act Arbitration.


12.7 The Cayman Islands Arbitration shall be conducted in accordance with the Arbitration Rules of the Cayman Islands for the time being in force, which rules are deemed to be incorporated by reference in this clause.


12.8 The seat of arbitration shall be the Cayman Islands. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English. The venue of the arbitration shall be in the Cayman Islands or at any other location which is mutually agreed upon.


12.9 Prior to beginning an arbitration proceeding, you must send a letter describing your Claims to “innerCircle Legal: Arbitration Claim Manager,” at concierge@stayinnercircle.com. If we request arbitration against you, we will give you notice at the email address or street address you have provided.


12.10 Payment of all filing, administration and arbitrator fees will be governed by the Cayman Islands Arbitration Rules, except as provided in this section.


13. Governing Law

13.1 These renter T&Cs are governed by the laws of the Cayman Islands. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.


14. Miscellaneous

14.1 These renter T&Cs and the Privacy Policy constitute the entire agreement between innerCircle and renter relating to their subject matter.


14.2 innerCircle recommends that you save your own copy of these renter T&Cs in a separate file on your device or in print-out form.


14.3 innerCircle’s failure to act with respect to a breach of these renter T&Cs by the renter or others does not waive innerCircle’s right to act with respect to subsequent or similar breaches.


14.4 The headings are for ease of reference only and do not affect the interpretation or construction of these renter T&Cs.


14.5 The invalidity of one or more provisions of these renter T&Cs shall not affect the validity of the other provisions.