CANCELLATION AND WITHDRAWAL

This policy applies to courses, software licenses, workshops, and trips booked with Pedro Martínez Sánchez (Arte Nocturno / SIDERAL TOURS), NIF 48649625W, with an address at Saavedra Fajardo 13, Murcia, Spain. Contact: pedro@artenocturno.com and +34 644 742 523. Travel agency registration: C.I.MU.509.m.

The special terms provided before entering into the contract supplement this policy without limiting the statutory rights of the consumer or traveler. The software license agreement is available at:
https://www.artenocturno.com/art-panel-pro-terminos-legales/

Unless a statutory exception applies, the consumer has 14 calendar days to withdraw from a distance contract, without having to justify the decision or pay a penalty. For contracts for services and the supply of digital content not supplied on a tangible medium, the period runs from the conclusion of the contract.

To exercise it, simply send an unequivocal statement to pedro@artenocturno.com or to the address indicated before the period expires. You may use the form at the end of this page, but it is not mandatory. You are advised to state your name, the product or service, and details that allow the purchase to be located. An order number facilitates the process, but its absence does not invalidate an identifiable request. Exercising this right does not require you to justify the reason or use only one particular channel.

If the statutory information about withdrawal has not been properly provided, the period will be extended until twelve months after the initial period ends. If that information is provided during the extension, the period will end fourteen calendar days after it is received, in accordance with article 105 of the consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios.

Where withdrawal applies, payments received will be returned without undue delay and no later than 14 calendar days after communication of the decision. The refund will be made using the same means of payment, unless another means that incurs no costs for the consumer is expressly agreed.

After withdrawal from digital content or a digital service, the customer must stop using it and making it available to third parties; access or the license linked to the terminated contract will be disabled.

For licenses for downloadable software and courses consisting of recordings or other digital content not supplied on a tangible medium, the right of withdrawal is lost only if supply has begun and all of the following conditions are met:

- Before supply begins, the consumer has expressly consented to it beginning during the withdrawal period.
- The consumer has acknowledged that this start entails the loss of the right of withdrawal.
- The consumer has received confirmation of the contract, including that consent and acknowledgment, on a durable medium, such as an email.

General acceptance of the terms or mere payment does not replace this consent. If these requirements are not met, the consumer retains the applicable right; the consumer will not be charged for digital content supplied during the withdrawal period in the circumstances set out in article 108.5.b of the consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios.

Voluntary online-course policy

Arte Nocturno offers a refund of 100 % of the amount paid for an online course if requested within the three calendar days following purchase, even if the content has been accessed. This policy provides an additional voluntary benefit and does not shorten any statutory withdrawal period that continues to apply. After that period, voluntary refunds are not offered unless the contracted offer states otherwise.

Art Panel Pro and Art Panel software

No voluntary policy for software exchanges or refunds is offered once access, a download link or a license key has been delivered. This does not remove the statutory right of withdrawal where it has not been validly lost, or rights relating to a lack of conformity.

Where an offer includes a course with the software license, the voluntary course policy does not, by itself, create a right to a refund of the software price. The specific offer and the statutory rights applicable to the contracted package will be respected.

Courses that are training services

Where the contract is for a training service, such as live classes or tutoring, its rules are not automatically the same as those for a download. The consumer may withdraw within 14 calendar days from entering into the contract. If the consumer expressly requests that the service begin during that period and has received the necessary statutory information, only the proportion actually provided up to communication of withdrawal must be paid. The right is lost only when the service has been fully performed with the prior express consent and acknowledgment of that consequence required by law.

The above rules concern withdrawal and voluntary refunds. They do not limit the rights to have the product or service brought into conformity, a price reduction or termination of the contract where these apply by law because of failure to supply, breach or lack of conformity.

Compatibility requirements must be available before purchase. An exclusion of voluntary refunds for incompatibility does not allow a complaint to be rejected where requirements were not disclosed, the description was inaccurate or the product was defective. Issues may be reported to pedro@artenocturno.com or to the contact telephone number.

For workshops that constitute leisure activities with a specific date or period of performance, there is no 14-day right of withdrawal, in accordance with article 103.l of the consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios. If a training service does not meet the requirements of that exception, the rules for services in section 2 apply.

The participant may communicate cancellation before the start. For workshops subject to the above exception, only expenses or losses actually caused by cancellation that are justifiable and proportionate will be retained, after deducting costs saved and amounts recovered by filling the place again. The amount retained will not exceed the following limits, calculated on the amount the participant has paid:

- More than 60 calendar days in advance: up to 30 %.
- Between 60 and 31 calendar days in advance: up to 50 %.
- 30 calendar days or less in advance: up to 100 %.

The calculation of the amount retained will be provided and the remainder refunded. These percentages are maximum limits, not an automatic retention independent of the loss. Administration fees or other penalties that exceed those limits will not be added.

In the event of a no-show or early departure for personal reasons, no additional voluntary refund is offered, without prejudice to any adjustment due for amounts recovered, the proportionality of amounts retained and the participant’s statutory rights. This provision does not apply to breaches attributable to the organizer.

The participant may transfer their place to another person who meets the workshop requirements by communicating this at least seven calendar days in advance. Only actual additional costs of the change, previously disclosed and justified, will be charged. The substitution will not also incur the cancellation penalty.

If the organizer cancels a workshop, the participant will be entitled to a full refund of the amount paid. Any alternative date, voucher or replacement activity will require the participant’s acceptance. Any compensation due under the law remains applicable. Cancellation for insufficient participants may be based only on a minimum number and a notice period communicated before entering into the contract.

Workshop refunds will be made without undue delay and no later than 14 calendar days after cancellation, using the same means of payment unless otherwise agreed at no cost to the customer.

Trips that legally qualify as package travel are governed by their contract and book four of the consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios. The general workshop cancellation scale does not apply to them.

Cancellation by the traveler

The traveler may terminate the contract at any time before the start. An appropriate and justifiable penalty may be required. If the contract specifies a standard penalty, it must be reasonable in view of the notice given, cost savings and expected income from alternative use of the services. If it does not, the penalty will be the trip price less cost savings and income from that alternative use. The amount will be justified at the traveler’s request.

Where unavoidable and extraordinary circumstances at the destination or its immediate vicinity significantly affect the trip or the carriage of passengers to the destination, the traveler may terminate before the start without penalty and will receive a full refund, without additional compensation on that ground.

The traveler may also terminate without penalty in the statutory circumstances of a substantial change to the trip or a price increase of more than 8 %, under the terms communicated in accordance with the law.

Booking package travel online does not, by itself, grant a free 14-day right of withdrawal. That right does exist for package travel contracts concluded away from business premises, in accordance with article 160.5, for 14 calendar days from conclusion.

Transfer of the trip

The traveler may transfer the contract to a person who meets its conditions by notifying the organizer or retailer on a durable medium with reasonable notice of at least seven calendar days. The transferor and transferee are jointly and severally liable for the outstanding balance and additional transfer costs. Those costs will be reasonable, will not exceed those actually incurred by the organizer and will be substantiated to the transferor.

Cancellation by the organizer

The organizer may cancel with a full refund and without additional compensation in the circumstances set out in article 160.3:

- If the minimum number stated in the contract is not reached and notice is given within the agreed period, which will end no later than 20 calendar days before the start for trips lasting more than six days; seven calendar days before the start for trips lasting between two and six days; and 48 hours before the start for trips lasting less than two days.
- If unavoidable and extraordinary circumstances prevent performance of the contract and cancellation is communicated without undue delay before the start.

Outside those circumstances, any compensation required by law remains applicable. An alternative trip or voucher will be accepted only voluntarily.

Refunds due for termination or cancellation before the start will be made without undue delay and no later than 14 calendar days after termination of the contract, deducting only any legally applicable penalty.

Complete and send this form only if you wish to withdraw from the contract and have that right. You may also use any other unequivocal statement.

A la atención de Pedro Martínez Sánchez (Arte Nocturno / SIDERAL TOURS), Saavedra Fajardo 13, Murcia, España; pedro@artenocturno.com:

I/We hereby give notice that I/we withdraw from my/our contract relating to the following product or service:

Product or service:
Ordered on/contracted on:
Order number or reference, if available:
Name of the consumer or consumers:
Address of the consumer or consumers:
Date:
Signature of the consumer or consumers (only if submitted on paper):

Delete as appropriate.