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LEGAL NOTICE
Please read all sections of this Legal Notice before using this website. The following conditions are binding for any user of this site. In compliance with the information obligation provided in Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (LSSI-CE), the following general information data about this website is provided. The purpose of this text is to explain to you in detail the functionalities of this website and to provide you with information related to the owner of the website and the purpose of the contents included in it.
IDENTIFICATION DATA
This Legal Notice regulates the use of the website service, informing you, in compliance with Law 34/2002 of July 11 on Information Society Services and Electronic Commerce, of the following:
Corporate name: Hoteles Devesa SLU, Turística Benimaurell SL, Orde Hoteles SL, and Grupo Corporativo Devesa SL (hereinafter Hoteles Poseidon)
Registered Address: C/ Esperanto 9, 03502 Benidorm, Spain
Email: protecciondedatos@hotelesposeidon.com
Contact Telephone: 965850200
Fiscal Identification Code (CIF): B03067584
Registration Data: Mercantile Registry of Alicante, Volume 3047, Section 8, Book 0, Page 219, Sheet A-6161, Entry 20th.
Legal Representative: HOTELES DEVESA SLU
USE OF THE WEBSITE AND USER OBLIGATIONS
The user agrees to use the website, content, and services without contravening current legislation, generally accepted uses, and public order. The use of the website for illegal or harmful purposes against HOTELES POSEIDON or third parties that may cause damage or prevent the normal use of the website is prohibited.
HOTELES POSEIDON guarantees that the contents and services offered on the portal respect the principle of human dignity, protection of youth and childhood, non-discrimination based on race, sex, religion, opinion, nationality, disability, or any other personal and social condition.
These General Conditions of Use of the website do not confer on the user any other rights to use, alter, exploit, reproduce, distribute, or publicly communicate the contents of the website other than those expressly provided here.
The contents (information, sound and/or image files, photographs, designs, etc.) contained in the portal are the property of HOTELES POSEIDON or it is duly authorized to disseminate them by their legitimate owners. HOTELES POSEIDON commits not to engage in misleading advertising and therefore prohibits:
The use for any commercial or advertising purposes other than those strictly permitted.
Total or partial reproduction, publication, distribution, or modification unless prior written authorization from the legitimate owners is obtained or it is legally permitted.
Any violation of the rights of HOTELES POSEIDON or its legitimate owners over them.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The user acknowledges and accepts that all industrial and intellectual property rights over the contents and/or any other elements inserted in the website belong to HOTELES POSEIDON or it is duly authorized for their dissemination on this website. It should not be understood that the use or access to the Portal and/or the services offered therein grants the User any rights over the mentioned brands, trade names, and/or distinctive signs. Specifically, the trademarks included in the Portal are subject to applicable industrial property laws, and their reproduction or use without the owner's authorization is prohibited.
The user acknowledges and agrees that all copyrights, registered trademarks, and other intellectual and industrial property rights over the materials or content provided as part of the website belong to us at all times or to those who granted us a license for their use. The legitimacy of the intellectual or industrial property rights corresponding to the content provided by third parties is the exclusive responsibility of the same.
Without prejudice to what is stated in this Legal Notice, the distribution, modification, transfer, public communication, or any other act concerning all or part of the information published on the Portal without prior authorization from Hoteles Poseidon is not permitted.
The user may use such material only in the way that we expressly authorize or those who granted us a license for its use. This does not prevent you from using this website to the extent necessary to copy information about your reservation or contact details.
In the event that a user or a third party considers that a violation of their legitimate intellectual property rights has occurred due to the inclusion of certain content on the website, they must notify HOTELES POSEIDON indicating:
Data of the rights holder allegedly infringed or indicating the representation with which they act if the claim is presented by a third party other than the interested party.
Indicate the content protected by intellectual property rights and its location on the Web, the accreditation of the aforementioned intellectual property rights, and an express declaration in which the interested party is responsible for the veracity of the information provided in the notification.
LINKS
This website provides links to other websites owned by Hoteles Poseidon and content that is owned by third parties.
The sole purpose of these links is to provide the user with the possibility of accessing these links. HOTELES POSEIDON is not responsible in any case for the results that may arise for the user from accessing these links, nor for any damages of any kind that may result from the access, maintenance, use, quality, legality, reliability, and usefulness of the content, information, communications, opinions, statements, products, and services existing or offered on websites not managed by Hoteles Poseidon.
Users who intend to establish any technical link device from their website to the portal must obtain prior written authorization from HOTELES POSEIDON. The establishment of the link does not imply in any case the existence of relationships between HOTELES POSEIDON and the owner of the site where the link is established, nor the acceptance or approval by HOTELES POSEIDON of its content or services.
The website where the link is established shall not contain any trademarks, trade names, logos, slogans, or other distinctive signs belonging to HOTELES POSEIDON, except those expressly authorized.
UNILATERAL MODIFICATION AND DURATION
HOTELES POSEIDON reserves the right to modify, at any time and without prior notice, the presentation and configuration of the website, as well as this Legal Notice.
EXCLUSION OF WARRANTIES AND LIABILITY
Hoteles Poseidon does not grant any guarantees and is not responsible in any case for the reliability, availability, or continuity of the services provided to the user through the portal, thus excluding any liability for damages that may arise from the lack of availability, reliability, or continuity of the portal or its services, although it will try to provide technical assistance to the affected person as far as possible and try to restore the interruption immediately, making alternative means available as far as possible. In no case will Hoteles Poseidon be responsible for any losses, damages, or injuries of any kind resulting from access and/or use of the portal and the reservation system. The client can file any claim either through the hotel’s reception or via the email address: protecciondedatos@hotelesposeidon.com.
Hoteles Poseidon is not obliged to control and does not control, in advance, the absence of viruses or elements in the content that may cause alterations in the software or hardware of users or people visiting the website, and therefore will not be liable for damages of any nature that could result from this.
Similarly, Hoteles Poseidon does not grant any guarantees and is not responsible in any case for damages of any nature that may result from:
The lack of utility, suitability, or validity of the Portal and/or its services or content to meet users' needs, activities, or specific results or expectations.
The receipt, obtaining, storage, dissemination, or transmission by users of content and the infringement of intellectual, industrial, trademark, honor, personal and family privacy, data protection, image, property, or any other third-party rights as a result.
The illegal, negligent, fraudulent use of the Portal, its services, or content by users, contrary to these General Conditions, good faith, generally accepted uses, or public order.
The illegality, quality, reliability, utility, updating, and availability of services provided by third parties and made available to users on the Portal and/or its content.
The failure of third parties to fulfill their obligations or commitments in relation to the services provided to users through the Portal.
The opinions expressed by users in forums, chats, and opinion messages that may be enabled in different areas of the Portal.
The knowledge that unauthorized third parties may have about the class, conditions, characteristics, and circumstances of the use that users make of the Portal and its services and/or content.
HOTELES POSEIDON does not grant any guarantees and is not responsible in any case for damages of any kind that may result from:
The lack of availability, maintenance, and effective operation of the Website and/or its services or content.
The existence of viruses, malicious or harmful programs in the content.
The illegal, negligent, fraudulent use of the Website, its services, or content by users, contrary to these conditions, good faith, generally accepted uses, or public order.
The use of the Portal will be carried out under the sole and exclusive responsibility of the user, and Hoteles Poseidon is expressly exempted from any damages that may be caused to the user or third parties by such use against the provisions of this Legal Notice and the particular conditions that may apply in each case. This responsibility will extend to the use, by the user or any third party, of any passwords or similar assigned for access to the Portal, if applicable, or to any of its services.
Without prejudice to the above, Hoteles Poseidon reserves the right to deny access to the Portal at any time and without prior notice to those users who violate these general conditions or the particular ones that may apply in each case, as well as for violating the law, morality, and/or public order.
The exclusion of the user will not imply the waiver by Hoteles Poseidon to take the corresponding legal actions or the compensations that may be due by law.
GENERAL TERMS AND CONDITIONS OF CONTRACTING
SCOPE OF APPLICATION
The purchase contracts concluded through e-commerce between HOTELES POSEIDON and the consumer will be governed by the following General Terms and Conditions of Contracting.
We kindly ask you to read these Terms, our Cookie Policy, and our Privacy Policy carefully before using this website. By using this website or making a reservation through it, you agree to be bound by these General Terms and Conditions of Contracting and by our Privacy Policies. If you do not agree with all the provisions in the General Terms and Conditions of Contracting and the Privacy Policies, you should not use this website.
If you have any questions related to the General Terms and Conditions of Contracting or the Privacy Policies, you can contact us through the contact details indicated in the following section.
OUR DETAILS
The purchase contract for the cases of Hoteles Poseidon Resort, Poseidon Playa, Playas de Guardamar, Playas de Torrevieja, and Poseidon La Maga Hotel & Spa is concluded with HOTELES DEVESA SLU., a Spanish company with registered address at C/ Esperanto 9, 03503 Benidorm, Alicante, and B03067584, registered in the Mercantile Registry of Alicante, Volume 3047, Section 8, Book 0, Page 219, Sheet A-6161, Entry 20th.
The purchase contract for the case of Hotel La Estación is concluded with ORDE Hoteles SL, a Spanish company with registered address at C/ Esperanto 9, 03503 Benidorm, Alicante, and B54083415, registered in the Mercantile Registry of Alicante, Volume 3047, Book 0, Page 90, Sheet A-98701, Entry 1st.
The purchase contract for the case of Hotel Restaurante Alahuar is concluded with Turística Benimaurell SL, a Spanish company with registered address at C/ Esperanto 9, 03503 Benidorm, Alicante, and B53175659, registered in the Mercantile Registry of Alicante, Volume 1995, Section 8, Book 0, Page 106, Sheet A-41781, Entry 1st.
You can contact us by phone at 965 850200 or by email at protecciondedatos@hotelesposeidon.com.
LANGUAGE
The contract is formalized in Spanish and English.
CONTRACT FILING
Contracts concluded on our website are archived. You can access the reservations made in your client area or by sending an email to bookonline@hotelesposeidon.com.
HOW TO MAKE A RESERVATION
To make a reservation, the website user must select the destination they wish to travel to, the hotel where they want to make the reservation, and the specific dates of the reservation. The user must also indicate the number of rooms to be included in the reservation and the number of people who will be part of it.
After this initial selection, the website will display the available hotels and rooms according to the user's selection, along with the corresponding price. After clicking “Book Now,” additional services offered by the selected hotel will be shown, which can be selected according to the user's preferences.
To complete the reservation, the user will need to log in or register on our website and select the desired payment method.
We kindly ask you to review the order confirmation email and ensure all the details are correct. If you notice any incorrect information, you can contact customer service via phone at 900373491 or by email at bookonline@hotelesposeidon.com.
CONTRACT CONCLUSION
By clicking the “Confirm Reservation” button, you make a binding declaration of intent by which you accept the conclusion of your reservation and agree to its payment. Subsequently, you will receive an acknowledgment of receipt confirming the conclusion of the contract.
PRICE
The prices shown include the legally applicable Value Added Tax (VAT) and are indicated in euros.
However, the customer may request at any time that a copy of the corresponding invoice be sent by electronic means to the following email address: administracion@hotelesposeidon.com.
PAYMENT METHODS
The payment method for your reservation will be selected during the purchase process, and payment according to the chosen method will be made at the end of the purchase process, which will be a necessary condition for its formalization.
The accepted payment methods are as follows:
Payment will be made through any of the following means:
SECURE ONLINE PAYMENT; the user must provide the cardholder's name, card number, expiration date, and CVV. During the transmission of payment information, the data is protected by Secure Socket Layer (SSL) technology, which is equipped with a digital certificate.
RIGHT OF WITHDRAWAL
Pursuant to Article 103 of the TRLGDCU, the right of withdrawal provided for in Law 3/2014 for the Protection of Consumers and Users does not apply to accommodation service contracts.
CANCELLATION POLICY
Hoteles Poseidon reserves the right to modify this cancellation policy at any time. The current version will be the one published on the Hotel’s website at the time of making the reservation.
GENERAL CANCELLATION CONDITIONS
Reservation Confirmation: Once the reservation is made, the customer will receive a confirmation email with the details, including the specific cancellation policy for the reservation.
Cancellation Methods: Cancellations must be made in writing via the email provided in the reservation confirmation.
Cancellation Deadlines: The cancellation deadlines and conditions may vary depending on the type of rate, arrival date, and other specific conditions of the reservation. The cancellation deadlines will be clearly indicated in the reservation confirmation.
TYPES OF RATES AND CANCELLATION CONDITIONS
Applicable only to reservations made through our website. All other cancellations must be made through the same sales channel in which the reservation was made.
Best Available Rate: In all our hotels except for Hotel Alahuar, customers have a FLEXIBLE cancellation policy (they can cancel without any charges up to 24 hours before arrival).
In the case of Hotel Alahuar, when a customer makes a reservation, they will receive a link through which they must make the full payment. If the customer has not paid five days before the arrival date, we may unilaterally cancel the reservation. Once the full payment has been made, no modifications or cancellations are allowed.
Travel Safe Rate: A rate associated with travel assistance insurance and cancellation insurance. The full amount of the reservation must be paid at the time of booking. Once confirmed and therefore paid, the Hotel will manage this reservation as Non-refundable, so any modification or cancellation must be processed through the insurance associated with the reservation, in accordance with the policy that the customer receives by email along with the confirmation.
LATE CANCELLATIONS AND NO-SHOWS
Late Cancellations: Cancellations made after the established deadline or modifications that involve a reduction in the length of stay may be subject to cancellation charges.
No-Shows: In the event of no-show on the scheduled arrival date without prior notice, the Hotel may cancel the reservation and charge the customer the total amount of the stay.
CANCELLATION DUE TO FORCE MAJEURE
Definition of Force Majeure: For the purposes of this clause, "force majeure" shall mean any event or circumstance beyond the reasonable control of the parties that cannot be foreseen or avoided with the exercise of reasonable diligence, including but not limited to: natural disasters (earthquakes, hurricanes, floods, fires), pandemics, government decrees, travel restrictions, strikes, and any other emergency that reasonably prevents the fulfillment of contractual obligations.
Notification: If either party fails to meet its contractual obligations due to force majeure, it shall notify the other party in writing as soon as possible via bookonline@hotelesposeidon.com, describing the nature of the event and the expected impact on the fulfillment of obligations.
Effects of Force Majeure: If a force majeure event prevents the guest from occupying the reserved room or the hotel from providing it, both parties may cancel the reservation without any penalty or additional payment obligation. In such cases, any deposit or payment made in advance will be refunded to the guest.
MODIFICATIONS
The customer may request modifications to their reservation (arrival date, length of stay, etc.) provided that the requested rooms are available. Modifications will be subject to availability and the specific conditions of the contracted rate.
APPLICABLE LAW AND JURISDICTION
This cancellation policy shall be governed by Spanish law. Any dispute arising in connection with it shall be submitted to the Courts and Tribunals of Benidorm.
WARRANTIES
All services offered on the website have the legal guarantee in accordance with the conditions established in Royal Legislative Decree 1/2007 of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
RESERVATION OF TITLE
Ownership of the service will be transferred upon full payment of the price.
VIRUSES, PIRACY, AND OTHER CYBER ATTACKS
You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs, or any other program or material that is technologically harmful or damaging.
You must not attempt to gain unauthorized access to this website, the server on which this page is hosted, or any server, computer, or database connected to our website.
You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may result in the commission of offenses defined by applicable law. We will report any such breach to the relevant authorities and will cooperate with them to identify the attacker.
Moreover, in the event of a breach of this clause, your authorization to use this website will cease immediately.
We will not be liable for any damage or loss caused by a denial-of-service attack, virus, or other technologically harmful or damaging program or material that may affect your computer, computer equipment, data, or materials due to the use of this website or the download of content to which it redirects.
WRITTEN COMMUNICATIONS
The applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of these communications with us will be electronic.
We will contact you by email or provide you with information by posting notices on this website.
For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we send to you electronically comply with the legal requirement to be in writing. This condition does not affect your rights recognized by law.
NOTIFICATIONS
Notifications that you send to us must be sent through our contact form. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send you communications either to the email address or to the postal address provided by you at the time of making a reservation.
It will be understood that notifications have been received and correctly made at the same moment they are posted on our website, 24 hours after an email is sent, or three days after any letter is mailed.
WAIVER
Our failure to require strict performance by you of any of your obligations under a contract or these Conditions, or our failure to exercise any rights or actions that may correspond to us under such contract or the Conditions, shall not constitute a waiver or limitation of those rights or actions, nor shall it exonerate you from fulfilling such obligations.
No waiver by us of any specific right or action shall constitute a waiver of other rights or actions arising from a contract or the Conditions. No waiver by us of any of these Conditions or the rights or actions derived from a contract will be effective unless it is expressly stated to be a waiver and is communicated to you in writing through the various contact means provided by you.
PARTIAL NULLITY
If any of these Conditions or any provision of a contract are declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, unaffected by such declaration of nullity.
OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify these Terms and Conditions. We will keep you informed of any substantial changes made to them. These will not be retroactive and, except in specific cases, will be applicable 10 days after the date of their publication in the relevant notice. If you do not agree with the changes introduced, we recommend that you do not use our website.
APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the purchase of services through this website shall be governed by Spanish law.
These General Conditions are subject to and shall be governed in accordance with the laws of Spain, in particular:
Law 7/1998, of April 13, on General Contracting Conditions,
Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws,
Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC,
Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.
The parties submit, for the resolution of conflicts and with express waiver of any other jurisdiction, to the Courts and Tribunals of the user's domicile, provided that it is located in Spanish territory.
In the event that the User's domicile is outside a member state of the European Union, Hoteles Poseidon and the User, with express waiver of any other jurisdiction that may correspond to them, submit to the Jurisdiction of the Courts and Tribunals of Benidorm.
You can request an out-of-court settlement of disputes at Online Dispute Resolution | European Commission (europa.eu).
COMMENTS, SUGGESTIONS, COMPLAINTS, AND CLAIMS
Your comments and suggestions are welcome. We kindly ask you to send such comments and suggestions, as well as any inquiries, complaints, or claims, through our contact form, by phone, or by postal or email address indicated in Clause 2 of these General Terms and Conditions of Contracting.
Additionally, we have official complaint forms available to consumers and users. You can request them by calling 965 85 0200 or through our contact form.
Your complaints and claims addressed to our customer service will be handled as soon as possible and within a maximum period of one month. They will also be recorded with an identification key that we will provide to you, allowing you to track them.
If you, as a user and/or consumer, believe that your rights have been violated, you can send your complaints by email to bookonline@hotelesposeidon.com to request an out-of-court settlement of disputes.
PERSONAL DATA PROCESSING
HOTELES POSEIDON, as stated in its "Privacy Policy" and Terms of Use, which can be consulted on this website, has adopted appropriate security levels for the data it processes and manages, incorporating all the technical means and measures at its disposal to guarantee their confidentiality, prevent misuse, loss, alteration, unauthorized access, and theft.
CONTACT
If any user has doubts about this legal notice or any comments about it, they can contact us or send a written communication to the address at the header.
Please read all sections of this Legal Notice before using this website. The following conditions are binding for any user of this site. In compliance with the information obligation provided in Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (LSSI-CE), the following general information data about this website is provided. The purpose of this text is to explain to you in detail the functionalities of this website and to provide you with information related to the owner of the website and the purpose of the contents included in it.
IDENTIFICATION DATA
This Legal Notice regulates the use of the website service, informing you, in compliance with Law 34/2002 of July 11 on Information Society Services and Electronic Commerce, of the following:
Corporate name: Hoteles Devesa SLU, Turística Benimaurell SL, Orde Hoteles SL, and Grupo Corporativo Devesa SL (hereinafter Hoteles Poseidon)
Registered Address: C/ Esperanto 9, 03502 Benidorm, Spain
Email: protecciondedatos@hotelesposeidon.com
Contact Telephone: 965850200
Fiscal Identification Code (CIF): B03067584
Registration Data: Mercantile Registry of Alicante, Volume 3047, Section 8, Book 0, Page 219, Sheet A-6161, Entry 20th.
Legal Representative: HOTELES DEVESA SLU
USE OF THE WEBSITE AND USER OBLIGATIONS
The user agrees to use the website, content, and services without contravening current legislation, generally accepted uses, and public order. The use of the website for illegal or harmful purposes against HOTELES POSEIDON or third parties that may cause damage or prevent the normal use of the website is prohibited.
HOTELES POSEIDON guarantees that the contents and services offered on the portal respect the principle of human dignity, protection of youth and childhood, non-discrimination based on race, sex, religion, opinion, nationality, disability, or any other personal and social condition.
These General Conditions of Use of the website do not confer on the user any other rights to use, alter, exploit, reproduce, distribute, or publicly communicate the contents of the website other than those expressly provided here.
The contents (information, sound and/or image files, photographs, designs, etc.) contained in the portal are the property of HOTELES POSEIDON or it is duly authorized to disseminate them by their legitimate owners. HOTELES POSEIDON commits not to engage in misleading advertising and therefore prohibits:
The use for any commercial or advertising purposes other than those strictly permitted.
Total or partial reproduction, publication, distribution, or modification unless prior written authorization from the legitimate owners is obtained or it is legally permitted.
Any violation of the rights of HOTELES POSEIDON or its legitimate owners over them.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The user acknowledges and accepts that all industrial and intellectual property rights over the contents and/or any other elements inserted in the website belong to HOTELES POSEIDON or it is duly authorized for their dissemination on this website. It should not be understood that the use or access to the Portal and/or the services offered therein grants the User any rights over the mentioned brands, trade names, and/or distinctive signs. Specifically, the trademarks included in the Portal are subject to applicable industrial property laws, and their reproduction or use without the owner's authorization is prohibited.
The user acknowledges and agrees that all copyrights, registered trademarks, and other intellectual and industrial property rights over the materials or content provided as part of the website belong to us at all times or to those who granted us a license for their use. The legitimacy of the intellectual or industrial property rights corresponding to the content provided by third parties is the exclusive responsibility of the same.
Without prejudice to what is stated in this Legal Notice, the distribution, modification, transfer, public communication, or any other act concerning all or part of the information published on the Portal without prior authorization from Hoteles Poseidon is not permitted.
The user may use such material only in the way that we expressly authorize or those who granted us a license for its use. This does not prevent you from using this website to the extent necessary to copy information about your reservation or contact details.
In the event that a user or a third party considers that a violation of their legitimate intellectual property rights has occurred due to the inclusion of certain content on the website, they must notify HOTELES POSEIDON indicating:
Data of the rights holder allegedly infringed or indicating the representation with which they act if the claim is presented by a third party other than the interested party.
Indicate the content protected by intellectual property rights and its location on the Web, the accreditation of the aforementioned intellectual property rights, and an express declaration in which the interested party is responsible for the veracity of the information provided in the notification.
LINKS
This website provides links to other websites owned by Hoteles Poseidon and content that is owned by third parties.
The sole purpose of these links is to provide the user with the possibility of accessing these links. HOTELES POSEIDON is not responsible in any case for the results that may arise for the user from accessing these links, nor for any damages of any kind that may result from the access, maintenance, use, quality, legality, reliability, and usefulness of the content, information, communications, opinions, statements, products, and services existing or offered on websites not managed by Hoteles Poseidon.
Users who intend to establish any technical link device from their website to the portal must obtain prior written authorization from HOTELES POSEIDON. The establishment of the link does not imply in any case the existence of relationships between HOTELES POSEIDON and the owner of the site where the link is established, nor the acceptance or approval by HOTELES POSEIDON of its content or services.
The website where the link is established shall not contain any trademarks, trade names, logos, slogans, or other distinctive signs belonging to HOTELES POSEIDON, except those expressly authorized.
UNILATERAL MODIFICATION AND DURATION
HOTELES POSEIDON reserves the right to modify, at any time and without prior notice, the presentation and configuration of the website, as well as this Legal Notice.
EXCLUSION OF WARRANTIES AND LIABILITY
Hoteles Poseidon does not grant any guarantees and is not responsible in any case for the reliability, availability, or continuity of the services provided to the user through the portal, thus excluding any liability for damages that may arise from the lack of availability, reliability, or continuity of the portal or its services, although it will try to provide technical assistance to the affected person as far as possible and try to restore the interruption immediately, making alternative means available as far as possible. In no case will Hoteles Poseidon be responsible for any losses, damages, or injuries of any kind resulting from access and/or use of the portal and the reservation system. The client can file any claim either through the hotel’s reception or via the email address: protecciondedatos@hotelesposeidon.com.
Hoteles Poseidon is not obliged to control and does not control, in advance, the absence of viruses or elements in the content that may cause alterations in the software or hardware of users or people visiting the website, and therefore will not be liable for damages of any nature that could result from this.
Similarly, Hoteles Poseidon does not grant any guarantees and is not responsible in any case for damages of any nature that may result from:
The lack of utility, suitability, or validity of the Portal and/or its services or content to meet users' needs, activities, or specific results or expectations.
The receipt, obtaining, storage, dissemination, or transmission by users of content and the infringement of intellectual, industrial, trademark, honor, personal and family privacy, data protection, image, property, or any other third-party rights as a result.
The illegal, negligent, fraudulent use of the Portal, its services, or content by users, contrary to these General Conditions, good faith, generally accepted uses, or public order.
The illegality, quality, reliability, utility, updating, and availability of services provided by third parties and made available to users on the Portal and/or its content.
The failure of third parties to fulfill their obligations or commitments in relation to the services provided to users through the Portal.
The opinions expressed by users in forums, chats, and opinion messages that may be enabled in different areas of the Portal.
The knowledge that unauthorized third parties may have about the class, conditions, characteristics, and circumstances of the use that users make of the Portal and its services and/or content.
HOTELES POSEIDON does not grant any guarantees and is not responsible in any case for damages of any kind that may result from:
The lack of availability, maintenance, and effective operation of the Website and/or its services or content.
The existence of viruses, malicious or harmful programs in the content.
The illegal, negligent, fraudulent use of the Website, its services, or content by users, contrary to these conditions, good faith, generally accepted uses, or public order.
The use of the Portal will be carried out under the sole and exclusive responsibility of the user, and Hoteles Poseidon is expressly exempted from any damages that may be caused to the user or third parties by such use against the provisions of this Legal Notice and the particular conditions that may apply in each case. This responsibility will extend to the use, by the user or any third party, of any passwords or similar assigned for access to the Portal, if applicable, or to any of its services.
Without prejudice to the above, Hoteles Poseidon reserves the right to deny access to the Portal at any time and without prior notice to those users who violate these general conditions or the particular ones that may apply in each case, as well as for violating the law, morality, and/or public order.
The exclusion of the user will not imply the waiver by Hoteles Poseidon to take the corresponding legal actions or the compensations that may be due by law.
GENERAL TERMS AND CONDITIONS OF CONTRACTING
SCOPE OF APPLICATION
The purchase contracts concluded through e-commerce between HOTELES POSEIDON and the consumer will be governed by the following General Terms and Conditions of Contracting.
We kindly ask you to read these Terms, our Cookie Policy, and our Privacy Policy carefully before using this website. By using this website or making a reservation through it, you agree to be bound by these General Terms and Conditions of Contracting and by our Privacy Policies. If you do not agree with all the provisions in the General Terms and Conditions of Contracting and the Privacy Policies, you should not use this website.
If you have any questions related to the General Terms and Conditions of Contracting or the Privacy Policies, you can contact us through the contact details indicated in the following section.
OUR DETAILS
The purchase contract for the cases of Hoteles Poseidon Resort, Poseidon Playa, Playas de Guardamar, Playas de Torrevieja, and Poseidon La Maga Hotel & Spa is concluded with HOTELES DEVESA SLU., a Spanish company with registered address at C/ Esperanto 9, 03503 Benidorm, Alicante, and B03067584, registered in the Mercantile Registry of Alicante, Volume 3047, Section 8, Book 0, Page 219, Sheet A-6161, Entry 20th.
The purchase contract for the case of Hotel La Estación is concluded with ORDE Hoteles SL, a Spanish company with registered address at C/ Esperanto 9, 03503 Benidorm, Alicante, and B54083415, registered in the Mercantile Registry of Alicante, Volume 3047, Book 0, Page 90, Sheet A-98701, Entry 1st.
The purchase contract for the case of Hotel Restaurante Alahuar is concluded with Turística Benimaurell SL, a Spanish company with registered address at C/ Esperanto 9, 03503 Benidorm, Alicante, and B53175659, registered in the Mercantile Registry of Alicante, Volume 1995, Section 8, Book 0, Page 106, Sheet A-41781, Entry 1st.
You can contact us by phone at 965 850200 or by email at protecciondedatos@hotelesposeidon.com.
LANGUAGE
The contract is formalized in Spanish and English.
CONTRACT FILING
Contracts concluded on our website are archived. You can access the reservations made in your client area or by sending an email to bookonline@hotelesposeidon.com.
HOW TO MAKE A RESERVATION
To make a reservation, the website user must select the destination they wish to travel to, the hotel where they want to make the reservation, and the specific dates of the reservation. The user must also indicate the number of rooms to be included in the reservation and the number of people who will be part of it.
After this initial selection, the website will display the available hotels and rooms according to the user's selection, along with the corresponding price. After clicking “Book Now,” additional services offered by the selected hotel will be shown, which can be selected according to the user's preferences.
To complete the reservation, the user will need to log in or register on our website and select the desired payment method.
We kindly ask you to review the order confirmation email and ensure all the details are correct. If you notice any incorrect information, you can contact customer service via phone at 900373491 or by email at bookonline@hotelesposeidon.com.
CONTRACT CONCLUSION
By clicking the “Confirm Reservation” button, you make a binding declaration of intent by which you accept the conclusion of your reservation and agree to its payment. Subsequently, you will receive an acknowledgment of receipt confirming the conclusion of the contract.
PRICE
The prices shown include the legally applicable Value Added Tax (VAT) and are indicated in euros.
However, the customer may request at any time that a copy of the corresponding invoice be sent by electronic means to the following email address: administracion@hotelesposeidon.com.
PAYMENT METHODS
The payment method for your reservation will be selected during the purchase process, and payment according to the chosen method will be made at the end of the purchase process, which will be a necessary condition for its formalization.
The accepted payment methods are as follows:
Payment will be made through any of the following means:
SECURE ONLINE PAYMENT; the user must provide the cardholder's name, card number, expiration date, and CVV. During the transmission of payment information, the data is protected by Secure Socket Layer (SSL) technology, which is equipped with a digital certificate.
RIGHT OF WITHDRAWAL
Pursuant to Article 103 of the TRLGDCU, the right of withdrawal provided for in Law 3/2014 for the Protection of Consumers and Users does not apply to accommodation service contracts.
CANCELLATION POLICY
Hoteles Poseidon reserves the right to modify this cancellation policy at any time. The current version will be the one published on the Hotel’s website at the time of making the reservation.
GENERAL CANCELLATION CONDITIONS
Reservation Confirmation: Once the reservation is made, the customer will receive a confirmation email with the details, including the specific cancellation policy for the reservation.
Cancellation Methods: Cancellations must be made in writing via the email provided in the reservation confirmation.
Cancellation Deadlines: The cancellation deadlines and conditions may vary depending on the type of rate, arrival date, and other specific conditions of the reservation. The cancellation deadlines will be clearly indicated in the reservation confirmation.
TYPES OF RATES AND CANCELLATION CONDITIONS
Applicable only to reservations made through our website. All other cancellations must be made through the same sales channel in which the reservation was made.
Best Available Rate: In all our hotels except for Hotel Alahuar, customers have a FLEXIBLE cancellation policy (they can cancel without any charges up to 24 hours before arrival).
In the case of Hotel Alahuar, when a customer makes a reservation, they will receive a link through which they must make the full payment. If the customer has not paid five days before the arrival date, we may unilaterally cancel the reservation. Once the full payment has been made, no modifications or cancellations are allowed.
Travel Safe Rate: A rate associated with travel assistance insurance and cancellation insurance. The full amount of the reservation must be paid at the time of booking. Once confirmed and therefore paid, the Hotel will manage this reservation as Non-refundable, so any modification or cancellation must be processed through the insurance associated with the reservation, in accordance with the policy that the customer receives by email along with the confirmation.
LATE CANCELLATIONS AND NO-SHOWS
Late Cancellations: Cancellations made after the established deadline or modifications that involve a reduction in the length of stay may be subject to cancellation charges.
No-Shows: In the event of no-show on the scheduled arrival date without prior notice, the Hotel may cancel the reservation and charge the customer the total amount of the stay.
CANCELLATION DUE TO FORCE MAJEURE
Definition of Force Majeure: For the purposes of this clause, "force majeure" shall mean any event or circumstance beyond the reasonable control of the parties that cannot be foreseen or avoided with the exercise of reasonable diligence, including but not limited to: natural disasters (earthquakes, hurricanes, floods, fires), pandemics, government decrees, travel restrictions, strikes, and any other emergency that reasonably prevents the fulfillment of contractual obligations.
Notification: If either party fails to meet its contractual obligations due to force majeure, it shall notify the other party in writing as soon as possible via bookonline@hotelesposeidon.com, describing the nature of the event and the expected impact on the fulfillment of obligations.
Effects of Force Majeure: If a force majeure event prevents the guest from occupying the reserved room or the hotel from providing it, both parties may cancel the reservation without any penalty or additional payment obligation. In such cases, any deposit or payment made in advance will be refunded to the guest.
MODIFICATIONS
The customer may request modifications to their reservation (arrival date, length of stay, etc.) provided that the requested rooms are available. Modifications will be subject to availability and the specific conditions of the contracted rate.
APPLICABLE LAW AND JURISDICTION
This cancellation policy shall be governed by Spanish law. Any dispute arising in connection with it shall be submitted to the Courts and Tribunals of Benidorm.
WARRANTIES
All services offered on the website have the legal guarantee in accordance with the conditions established in Royal Legislative Decree 1/2007 of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
RESERVATION OF TITLE
Ownership of the service will be transferred upon full payment of the price.
VIRUSES, PIRACY, AND OTHER CYBER ATTACKS
You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs, or any other program or material that is technologically harmful or damaging.
You must not attempt to gain unauthorized access to this website, the server on which this page is hosted, or any server, computer, or database connected to our website.
You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may result in the commission of offenses defined by applicable law. We will report any such breach to the relevant authorities and will cooperate with them to identify the attacker.
Moreover, in the event of a breach of this clause, your authorization to use this website will cease immediately.
We will not be liable for any damage or loss caused by a denial-of-service attack, virus, or other technologically harmful or damaging program or material that may affect your computer, computer equipment, data, or materials due to the use of this website or the download of content to which it redirects.
WRITTEN COMMUNICATIONS
The applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of these communications with us will be electronic.
We will contact you by email or provide you with information by posting notices on this website.
For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we send to you electronically comply with the legal requirement to be in writing. This condition does not affect your rights recognized by law.
NOTIFICATIONS
Notifications that you send to us must be sent through our contact form. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send you communications either to the email address or to the postal address provided by you at the time of making a reservation.
It will be understood that notifications have been received and correctly made at the same moment they are posted on our website, 24 hours after an email is sent, or three days after any letter is mailed.
WAIVER
Our failure to require strict performance by you of any of your obligations under a contract or these Conditions, or our failure to exercise any rights or actions that may correspond to us under such contract or the Conditions, shall not constitute a waiver or limitation of those rights or actions, nor shall it exonerate you from fulfilling such obligations.
No waiver by us of any specific right or action shall constitute a waiver of other rights or actions arising from a contract or the Conditions. No waiver by us of any of these Conditions or the rights or actions derived from a contract will be effective unless it is expressly stated to be a waiver and is communicated to you in writing through the various contact means provided by you.
PARTIAL NULLITY
If any of these Conditions or any provision of a contract are declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, unaffected by such declaration of nullity.
OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify these Terms and Conditions. We will keep you informed of any substantial changes made to them. These will not be retroactive and, except in specific cases, will be applicable 10 days after the date of their publication in the relevant notice. If you do not agree with the changes introduced, we recommend that you do not use our website.
APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the purchase of services through this website shall be governed by Spanish law.
These General Conditions are subject to and shall be governed in accordance with the laws of Spain, in particular:
Law 7/1998, of April 13, on General Contracting Conditions,
Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws,
Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC,
Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.
The parties submit, for the resolution of conflicts and with express waiver of any other jurisdiction, to the Courts and Tribunals of the user's domicile, provided that it is located in Spanish territory.
In the event that the User's domicile is outside a member state of the European Union, Hoteles Poseidon and the User, with express waiver of any other jurisdiction that may correspond to them, submit to the Jurisdiction of the Courts and Tribunals of Benidorm.
You can request an out-of-court settlement of disputes at Online Dispute Resolution | European Commission (europa.eu).
COMMENTS, SUGGESTIONS, COMPLAINTS, AND CLAIMS
Your comments and suggestions are welcome. We kindly ask you to send such comments and suggestions, as well as any inquiries, complaints, or claims, through our contact form, by phone, or by postal or email address indicated in Clause 2 of these General Terms and Conditions of Contracting.
Additionally, we have official complaint forms available to consumers and users. You can request them by calling 965 85 0200 or through our contact form.
Your complaints and claims addressed to our customer service will be handled as soon as possible and within a maximum period of one month. They will also be recorded with an identification key that we will provide to you, allowing you to track them.
If you, as a user and/or consumer, believe that your rights have been violated, you can send your complaints by email to bookonline@hotelesposeidon.com to request an out-of-court settlement of disputes.
PERSONAL DATA PROCESSING
HOTELES POSEIDON, as stated in its "Privacy Policy" and Terms of Use, which can be consulted on this website, has adopted appropriate security levels for the data it processes and manages, incorporating all the technical means and measures at its disposal to guarantee their confidentiality, prevent misuse, loss, alteration, unauthorized access, and theft.
CONTACT
If any user has doubts about this legal notice or any comments about it, they can contact us or send a written communication to the address at the header.