General Terms and Conditions

1.1. Nexo Activities (hereinafter “Nexo Activities”) offers the provision and mediation of services in the field of sports and leisure events (“Event”).

1.2. On the one hand, Nexo Activities organizes and hosts its own events and carries them out under its own responsibility (“Nexo Events”); for these Nexo Events, Nexo Activities is the customer’s contractual partner and the service provider.

1.3. On the other hand, Nexo Activities mediates services provided by partner companies, such as the use of sports facilities, gastronomic offers, and cultural or social activities (“Third-Party Event”). Regarding these Third-Party Events, Nexo Activities’ activity is limited to mediating the services provided by the partner companies (“Mediation Service”); therefore, the contract for the Third-Party Event is concluded directly between the customer and the respective partner company as the service provider.

2.1. The specific subject matter of the contract is determined by the respective type of service.

2.2. The subject matter of a Nexo Event according to Section 1.2 is the planning, organization, and execution of the event by Nexo Activities. In contrast, the subject matter of the contract between the customer and Nexo Activities in the context of a Third-Party Event according to Section 1.3 is limited to the mediation of participation in the respective Third-Party Event. In these cases, Nexo Activities only owes the mediation of the conclusion of the contract. The execution and other provision of services in the context of the Third-Party Event, however, are not the subject of the contract with Nexo Activities, but rather the subject of a separate contract between the partner company and the customer.

2.3. The customer is obliged to observe the applicable safety, behavioral, and usage rules during their entire participation in Nexo Events and Third-Party Events. For Third-Party Events, this includes in particular the applicable house rules, access rules, and the instructions of the staff of the respective partner company. For Nexo Events, the customer is specifically obliged to comply with the applicable terms of use for public spaces, local safety regulations, and any instructions from the event management of Nexo Activities. The customer shall ensure that their behavior does not disrupt the proper course of the event, endanger themselves or other participants, or violate legal regulations.

2.4. All events take place bindingly at the time specified in the respective booking confirmation. Nexo Activities recommends arriving at the respective event location at least 5 minutes before the start to ensure a punctual beginning. Since the execution of the events is precisely timed, a delayed arrival by the customer may result in the service provision no longer being completely or at all possible. For Nexo Events, in the event of late arrival, regardless of the reason (including delays without fault), there is no entitlement to a time extension, a rescheduling of the event, or a refund of the remuneration. With regard to Third-Party Events, the respective terms and conditions of the relevant partner company apply in the event of late arrival. Any claims by the customer in the event of late arrival to a Third-Party Event must be asserted directly against the partner company.

3.1. Nexo Activities presents Nexo Events and Third-Party Events on its website and on social media. This presentation merely constitutes a non-binding invitation to register for an event, which must be done directly via the Nexo Activities website.

3.2. By submitting the registration and initiating the payment process, the customer makes a binding offer to conclude a contract for participation in an event. In the case of a Nexo Event, this offer is directed to Nexo Activities as the contractual partner. In the case of a Third-Party Event, by submitting the registration, the customer, on the one hand, makes an offer to conclude a mediation contract with Nexo Activities. On the other hand, the customer grants Nexo Activities the power of attorney to conclude a contract for participation in the relevant Third-Party Event with the respective partner company in their name as a representative, explicitly exempt from the prohibition of double representation. Nexo Activities is likewise authorized by its partner companies to accept corresponding offers from customers on behalf of the respective partner company.

3.3. All contracts (participation in a Nexo Event or a Third-Party Event) are concluded immediately upon successful payment by the customer. The charging of the payment method chosen by the customer is deemed a legally binding acceptance of the offer by Nexo Activities (for Third-Party Events, in the name and on behalf of the respective partner company). Immediately following the successful payment, a booking confirmation will be sent automatically.

3.4. The customer is obliged to check the booking confirmation for accuracy immediately upon receipt. If the customer does not receive a booking confirmation within 24 hours of submitting the registration, they are obliged to contact Nexo Activities without delay.

3.5. The customer is responsible for providing correct contact details when registering. Failure to receive a booking confirmation due to incorrect, incomplete, or outdated contact details does not release the customer from their contractual duties and payment obligations. In such a case, the respective contract is considered to have been validly concluded.

3.6. A customer is entitled to register several people for an event. In this case, the respective contract with Nexo Activities or the partner company is concluded exclusively with the registering customer (“Registrant”). The Registrant is responsible for the payment of the entire booking amount and confirms that they are authorized by the other registered persons to accept the GTC of Nexo Activities as well as the terms and conditions of the partner companies on their behalf, which they do by submitting the registration.

4.1. The events constitute services in the field of leisure activities that are provided at a specific date or within a precisely defined period. Therefore, according to Art. 103 l) of the Spanish Real Decreto Legislativo 1/2007 (LGDCU), the customer has no statutory right of withdrawal after the contract has been concluded. By making a binding registration, the customer acknowledges that they have been informed of this exclusion of the statutory right of withdrawal prior to submitting their offer, and that this exclusion takes effect upon the processing of the payment.

4.2. Should the contract for a Third-Party Event between the customer and a partner company not contain an express provision regarding a right of cancellation, the exercise of the right of cancellation is deemed excluded, unless the law mandatorily grants the customer such a right.

5.1. Nexo Activities is entitled to change the start time, the sequence, and the event location at short notice for Nexo Events, as well as on behalf of its partner companies for Third-Party Events, provided this is necessary for objective reasons, the quality of the event is maintained, and the change is reasonable for the customer. A change is particularly reasonable if it does not fundamentally alter the character of the booked event.

5.2. Nexo Activities will inform the customer of any changes without delay after becoming aware of them (“Notice of Modification”). The Notice of Modification will be provided in text form via email or via the channel through which the original communication took place.

5.3. Should the character of a booked event fundamentally change after the processing of the payment, the customer is entitled to a free right of cancellation. In this case, Nexo Activities will inform the customer about the change, as well as about their right of cancellation and the associated deadline. The customer may exercise the cancellation within 48 hours of receiving the Notice of Modification in text form. If the customer does not declare a cancellation within this period, the service modification is deemed accepted by the customer. Likewise, by participating in an event, the customer accepts any modification, so that a cancellation is also excluded in this case.

5.4. Nexo Activities reserves the right to cancel a Nexo Event in its own name as well as a Third-Party Event in the name of the partner company if the minimum number of participants required for its economic viability is not reached. In this case, Nexo Activities will inform the customer without delay in text form. In the event of a cancellation, Nexo Activities will refund any payments already made in full within 7 days. Any further claims by the customer against Nexo Activities due to the cancellation of the event are excluded. Any claims against a partner company due to the cancellation of the event are also excluded, unless otherwise stated in the contract concluded between the customer and the partner company.

5.5. Likewise, Nexo Activities reserves the right to unilaterally cancel the contract for a Nexo Event in its own name as well as for a Third-Party Event in the name of the partner company after the fact, if the maximum number of participants set for the respective event has been exceeded. In this case, Nexo Activities will inform the affected customer without delay in text form. In the event of such a cancellation, Nexo Activities will refund any payments already made in full within 7 days. Any further claims by the customer against Nexo Activities or the partner company due to this cancellation are excluded.

6.1. For both Nexo Events and Third-Party Events, the full remuneration is earned and due upon the offering of the respectively owed service. If the customer does not appear at the booked event for any reason, or if they do not make use of the offered service for any reason, the customer has no right to a refund of the paid amount. The customer acknowledges that Nexo Activities for Nexo Events, and partner companies for Third-Party Events, reserve the resources necessary for execution, and therefore both Nexo Activities and its partner companies are exempt from the necessity of providing an actual offer if the customer does not appear at the event.

7.1. The prices stated on our platform or in our communication in text form at the time the offer is made shall apply. All amounts include the statutory value-added tax. Should the price details on our platform differ from those in our communication in text form, the price stated on the platform is authoritative.

7.2. The customer is obliged to pay the total price shown on our website.

7.3. Upon registration for an event, the total price is immediately due for payment. If Nexo Activities does not register a receipt of payment, the registration is considered not to have been made. In this case, the customer has no right to participate in the event. Any refund obligations regarding payments made remain unaffected by this Section 7.3.

7.4. Payment is made exclusively via the payment methods offered by Nexo Activities. Any fees of the integrated payment service provider must be borne by the customer, unless stated otherwise.

8.1. For Nexo Events and for mediation services, Nexo Activities is liable according to statutory provisions. Liability for damages resulting from injury to life, body, or health remains unaffected. For other damages, Nexo Activities is only liable in cases of intent or gross negligence. Liability for simple negligence is excluded, unless an essential contractual obligation is violated, the fulfillment of which is necessary for the proper execution of the event.

8.2. For Third-Party Events, Nexo Activities acts exclusively as a mediator. The contractual relationship regarding the Third-Party Event exists exclusively between the customer and the respective partner company. Consequently, Nexo Activities assumes no warranty or liability for the availability, quality, or safety of the partner company’s services, for service disruptions, short-notice cancellations, or defects during execution, as well as for damages arising during the provision of services by the partner company. Any claims regarding the Third-Party Event must therefore be asserted directly and exclusively against the respective partner company.

8.3. Nexo Activities selects its partner companies carefully. Beyond this selection, however, Nexo Activities assumes no liability for the behavior or service provision of the partner companies. This applies in particular to damages resulting from force majeure or the fault of the partner company.

8.4. In the event of a combination of a Nexo Event with a Third-Party Event or of several Third-Party Events, these are legally separate contracts. This expressly does not constitute a package holiday within the meaning of EU Directive 2015/2302 or the Spanish LGDCU. The total price to be paid as part of the registration is merely a mathematical summary of the individual prices. The GTC of the respective service provider apply in each case.

9.1. Spanish law applies.

9.2. For any disputes, the parties expressly submit to the jurisdiction of the courts of Valencia, waiving any other jurisdiction that they may be entitled to.

Questions about these terms, or about a booking, can be sent to contact@nexoactivities.com. Our registered business details are set out in our Legal Notice.