Membership Agreement

1. PARTIES

This Membership Agreement (“Agreement”), registered headquarters Esentepe Mah. Büyükdere Cad. Levent 199 No: 199 Interior Door No: 6 Şişli Istanbul and registered with the Istanbul Trade Registry Directorate with the registration number 463820-5, Odarama Reservation Organizasyon ve Kiralama Teknolojileri Ticaret Anonim Şirketi (“Odarama”) and the User.

Odarama and the User shall each be referred to individually as a “Party” and collectively as the “Parties”.

2. SUBJECT OF THE CONTRACT

The subject of this Agreement is to determine the rights and obligations of the Parties within the scope of the brokerage service for the reservation of rooms, offices, co-working spaces, etc. offered by Odarama.

3. DEFINITIONS

In this Agreement;

User(s): The natural/legal person or other organization that wishes to make a Venue reservation through Odarama by becoming a member on the Website with the username and password given to him/her by Odarama

Odarama Odarama Reservation Organization and Rental Technologies Trade Joint Stock Company, which provides venue reservation services to Users through the Website,

Business Partner(s): A natural/legal person or other organization that wishes to make its Venues available to Users through Odarama,

Website: The website with the extension https://odarama.com/ operated by Odarama and all rights belonging to Odarama,

Agreement: This Membership Agreement and all annexes concluded between the parties,

Space(s): Room, office, coworking space, etc. spaces that are requested to be booked by Business Partners to Users through Odarama,

Venue Fee: Venue usage fee to be paid due to the reservation of the Venue

Additional Services: Services such as projection or catering, etc. offered to the User for an additional fee in order to benefit from the Venue more effectively,

Additional Fee: The price that the User is obliged to pay for Additional Services,

Service Fee: The price that the User is obliged to pay to Odarama within the scope of the Venue booked by Odarama within the scope of Odarama’s intermediary activity,

refers to.

4. PROVISIONS REGARDING MEMBERSHIP AND USE OF THE WEBSITE

4.1. The User applies for membership by filling out the form on the Website, setting a password and then activating his/her membership via his/her e-mail, which is also his/her username.
4.2. Odarama may use the information provided by the User while performing the services under this Agreement. In this context, the User accepts, declares and undertakes that the information provided when creating a Website registration is current and valid and to keep this information up to date as long as he / she benefits from the services subject to the Agreement.
4.3. The User accepts, declares and undertakes that he / she is responsible for protecting the confidentiality and security of the username and password he / she has created.
4.4. All documents and announcements published on the Website or approved by the User on the Website are an integral part of this Agreement and are binding on the User.

5. DECLARATIONS, RIGHTS AND OBLIGATIONS OF ODARAMA

5.1. Although Odarama takes due care in selecting the Business Partners it will work with, booking the Venues through Odarama does not mean that Odarama gives any guarantee or commitment regarding the Business Partners and cannot be interpreted as such. In this context, the final evaluation belongs to the Users.
5.2. Odarama reserves the right to change and improve the Website and to impose restrictions on the use of the Website in order to provide better services through the Website. In addition, Odarama reserves the right to stop access to and use of the Website in cases where it is necessary to prevent hacking, cyber-attacks or other unlawful behavior or to protect the Website, and may freely exercise this right in a manner that minimizes the Users’ use of the Website.
5.3. Odarama may temporarily suspend access to the Website for maintenance or update works by notifying the User or access to the Website may be interrupted for reasons beyond Odarama’s control (cyber-attack, malicious access, etc.). In these cases, Odarama shall not have any legal liability against the User and/or third parties unless Odarama is also at fault. In these cases, Odarama undertakes to show all care and effort to ensure access to the Website.
5.4. Odarama has no obligation to supervise the reservations made through the Website, as the authority to make reservations in the flow of the Website belongs to the Users.
5.5. Odarama is not a party to the relationship between the Business Partner and the User in any way, as Odarama is only an intermediary providing reservation services. In this context, the User shall directly forward all requests regarding the Venue, including those based on the Law No. 6502 on the Protection of Consumers or the Turkish Code of Obligations No. 6098, to the Business Partner and Odarama shall not be liable for any requests, objections, questions, problems, complaints and similar cases arising within this scope.

6. DECLARATIONS, RIGHTS AND OBLIGATIONS OF THE USER

6.1. The User must benefit from the services subject to this Agreement for lawful purposes.
6.2. Since the Additional Services are provided by the Business Partner and not by Odarama, the User accepts, declares and undertakes that all liability for the provision of the Additional Services belongs to the Business Partner and that Odarama does not have any liability in this context unless Odarama also has a fault.
6.3. The User accepts, declares and undertakes that he/she benefits from the services under this Agreement for a commercial or professional purpose.
6.4. The User accepts, declares and undertakes that the final discretion to approve the Venue reservation belongs to the Business Partner and that he/she knows that the Business Partner may not approve the User’s reservation request despite the availability of the available Venue and that Odarama is bound by the said decision.
6.4.Since Odarama is only an intermediary that brings the Business Partner and the User together and the information regarding the service provided by the Business Partner is not directly accessible, the User accepts, declares and undertakes that the Business Partner is responsible for updating all kinds of information regarding the Venue on the Website, including but not limited to availability, facilities, fees, cancellation terms, and that Odarama shall not be held liable for any liability unless it is also at fault for the information not being up to date.
6.6. The User accepts, declares and undertakes that Odarama provides only intermediary services regarding the reservation of the Venue and upon completion of the reservation, to comply with the rules specified by the Business Partner within the scope of its relationship with the Business Partner.
6.7. The User acknowledges that Odarama, which only mediates the reservation at the Venue belonging to the Business Partner, is not a party in any way to the relationship between the Business Partner and the User, and that it is the obligation of the Business Partner to ensure that the services related to the Venue, including the allocation of the Venue, are provided in accordance with the law, properly and completely, In this context, Odarama accepts, declares and undertakes that it will directly forward all its requests regarding the Venue, including those based on the Law No. 6502 on the Protection of Consumers or the Turkish Code of Obligations No. 6098, and that Odarama is not the addressee of the Business Partner and other institutions and persons in terms of disputes that may arise from the relationship between the Business Partner and itself, and that Odarama does not have any responsibility in this context unless Odarama also has any fault.
6.8. Odarama attaches great importance to the comments that may be made by Users regarding the services it provides. However, in order to ensure the necessary peace and trust environment on the Website, the User must show due care in his/her comments. Within this framework, all responsibility for the comments made by the User on the Website belongs to the User.

7. CHARGING

7.1. The User accepts and declares that Odarama will be entitled to the Service Fee upon the approval of the reservation to be made through Odarama by the Business Partner.
7.2. The User accepts, declares and undertakes to pay the Additional Fee for the Additional Services to be provided by the Business Partner.
7.3. The User will pay the Venue Fee, and if applicable, the Additional Fee, which he/she will pay for each transaction, by seeing it on the payment screen after the reservation is approved by the Business Partner within the scope of Article 7.1. In this context, the obligation to follow and complete the payment belongs to the User and the reservation will not be considered complete unless the payment is completed.
7.4. The User shall pay the fees in this article through the Website via debit card or credit card.

8. PROCESSING AND PROTECTION OF PERSONAL DATA

8.1. Odarama will be able to process information about the real person User in accordance with the Law No. 6698 on the Protection of Personal Data and under the terms of this Agreement. Detailed information on the processing of personal data can be found in Odarama Reservation Organization and Rental Technologies Trade Joint Stock Company Clarification Text on the Processing of Personal Data, the current version of which is published on the Website at www.odarama.com. Odarama Reservation Organization and Rental Technologies Trade Joint Stock Company Clarification Text on the Processing of Personal Data constitutes an annex and an integral part of this Agreement.
8.2. Odarama takes all necessary technical, legal and administrative measures to ensure the appropriate level of security in order to prevent unlawful processing of and access to personal data and to ensure the protection of personal data.
8.2..3. Odarama accepts, declares and undertakes to process the personal data under this article within the scope of the service related to this Agreement, in accordance with the purpose of the Agreement, in connection with and limited to the purpose for which it is processed, and to delete, destroy or anonymize the personal data in case the reasons requiring the processing of personal data other than legal requirements disappear.

9. DURATION OF THE CONTRACT

This Agreement shall remain in force unless terminated by either Party in accordance with clause 10.

10. TERMINATION OF THE CONTRACT

10.1. This Agreement, the User may request to terminate this Agreement and the User’s membership on the Website at any time by sending an e-mail to the e-mail address with the extension info@odarama.com or through the membership termination section on the Website. In this case, Odarama shall take due care to fulfill the User’s request within a reasonable time.
10.2. Odarama may also terminate this Agreement and the User’s membership at any time by sending an e-mail to the User’s e-mail address.
10The Parties hereby accept, declare and undertake that Articles 8 (Processing and Protection of Personal Data), 13 (Applicable Law and Dispute Resolution) and 16 (Miscellaneous Provisions) of this Agreement will continue to be in force after the termination of the Agreement for any reason.

11. RESPONSIBILITY

Odarama shall be liable for any direct damages that may arise from this Agreement due to any fault other than its slight fault. The amount of compensation to be paid by Odarama to the User under the Agreement may under no circumstances exceed the amount of the Service Fee paid by the User within the last 1 (one) year. The user accepts, declares and undertakes that he/she will not make a request exceeding this amount.

12. FORCE MAJEURE

12.1. Force majeure means any event that is beyond the reasonable control of the Parties within the framework of this Agreement, which did not exist at the time of signing the Agreement, which could not be foreseen and prevented. Without limitation; epidemic, public uprising, war, governmental restrictions and administrative decisions, embargo, governmental or an institutional practice in connection with the regulation of the service under this Agreement, internet speed problems and interruptions caused by the Information and Communication Technologies and Communication Authority, cyber attack and computer viruses, natural disaster, storm, fire, accident, sabotage, explosion, terrorist attack, strike and lockout are specifically considered force majeure under this Agreement.
12The Party that will be unable to perform or delay in the performance of its obligations and liabilities under this Agreement due to force majeure is obliged to notify the other Party in writing immediately following the occurrence of force majeure. The Parties shall not be liable if they fail to fulfill their obligations specified in this Agreement fully or duly due to force majeure events.
12.3. If the event constituting force majeure lasts for more than two (2) months, the Parties have the right to terminate this Agreement immediately without any compensation.

13. APPLICABLE LAW AND DISPUTE RESOLUTION

13.1. This Agreement and all obligations arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of the Republic of Turkey.
13.2. The Parties shall use their best efforts to resolve any disputes arising between them by mutual agreement. However, any dispute or claim arising out of or relating to this Agreement, including disputes regarding the existence, validity, breach or termination of this Agreement, shall be finally resolved by the Istanbul Courts and Enforcement Offices.

14. EVIDENCE CONTRACT

The Parties agree that in disputes that may arise from this Agreement, the records kept on Odarama’s Website and the systems of the relevant Business Partner shall constitute binding, conclusive and exclusive evidence in accordance with the Code of Civil Procedure No. 6100 and that this article constitutes an evidential contract.

15. MODIFICATION OF CONTRACT PROVISIONS

Odarama shall notify the User 3 (three) business days in advance of any changes to this Agreement. The User has the right to terminate this Agreement without any fee until the end of the 3 (three) business day period. The User who does not object within this period shall be deemed to have accepted the changes.

16. MISCELLANEOUS PROVISIONS

16.1. If any provision of this Agreement is invalid or void, such provision shall be ineffective (to the extent that it is invalid or unenforceable) and shall be deemed not to be incorporated into this Agreement without affecting the validity of any other provision of this Agreement. The Parties are obliged to use their best efforts that can be objectively expected of them to agree on a replacement for such invalid provision that is similar to such invalid and unenforceable provision and as close as possible to the intended effect of such provision.
16.2. The failure or delay by either Party to exercise or exercise any of its rights, powers or privileges under this Agreement shall not constitute a waiver thereof, and the partial exercise of such rights, powers and privileges shall not preclude the prospective exercise thereof or any other right, power or privilege. Any waiver of any term, provision or condition of this Agreement shall not be construed as a prospective waiver of such term, provision or condition.
16.3. Within the scope of this Agreement, no Party shall be the representative, commercial representative and/or agent of the other Party and may not act in this capacity; no Party may enter into any obligation on behalf of the other Party in any way and may not perform any binding transactions on behalf of the other Party without its written consent. Nothing contained in this Agreement shall be construed as a joint venture, representation, agency or partnership between the Parties.
16.4. The Agreement and its Annexes constitute the entire agreement between the Parties and supersede any prior or contemporaneous, written or oral, agreement and contract between the Parties regarding the subject matter of the Agreement.
16.5. All terms and conditions, information, announcements and announcements on the Website constitute an integral part of this Agreement.

17. EFFECTIVENESS

Consisting of 17 (seventeen) articles, this Agreement has been accepted by the User by clicking / marking on the Website and entered into force on the date of acceptance.