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Hotel Group
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PRIVACY POLICY

 * Hotel Group

A. GENERAL PART

1.1. USER DATA COLLECTION AND PROCESSING

This Privacy Policy intends to give to the Users of the websites hosted at
www.pestana.com, www.secure.pestana.com, www.pousadas.pt,
www.pestanacollection.com, www.pestanacr7.com, www.pestanahotelsresorts.com and
www.pestanapriority.com, hereinafter referred as "Site", detailed information on
how Pestana Management - Serviços de Gestão S.A., a public limited company with
head office at Rua Jau, n.º 54, 1300 - 314 Lisbon, registered at the Lisbon
Commercial Registry Office with the corporate taxpayer number 511230397
("Pestana Group"), as personal data controller, process the personal data of the
User.


As a rule, Personal Data is requested when the User registers on the Site,
requests a contact and/or sending newsletters, subscribes to a certain service,
joins the Loyalty Program "Pestana Guest Club", provides or requests
information, acquires a product or establishes a contractual relationship with
Pestana Group, namely when he/she makes a reservation on one of our hotels.


The Personal Data collected and processed is generally the following: name,
gender, date of birth, telephone, mobile phone, email, address, tax
identification number, credit card data (collected for the payment purposes
only), although other Personal Data may be collected if necessary or appropriate
for the provision or billing services by Pestana Group. 


After the collection of Personal Data, Pestana Group provides the User with
detailed information about the nature of the data collected and about the
purpose and processing that will be performed on the Personal Data, as well as
the information mentioned in clause 8.

Pestana Group also collects and processes information about the characteristics
of the user's hardware device, your IP and browser/software features, as well as
information about the pages visited by the User within the Site. This
information may include browser type, domain name, access times and links by
which the User has accessed the Site ("Usability Information"). We only use this
information to improve the quality of the user's visit to our Site and, when you
give your consent, we will send you commercial and marketing information adapted
to your profile.


Usability Information and Personal Data are designated in this Privacy Policy as
"User Data". 


For the purposes of this Privacy Policy, a contractual relationship means any
contract established between Pestana Group and its related entities, regardless
of their purpose.

 

1.2. THE RECIPIENTS OF THE PERSONAL DATA

The User Data collected by Pestana Group is not shared with third parties
without the User's consent, except in the situations mentioned in the following
paragraph. However, in the event of the User contracting services with Pestana
Group that are provided by other entities responsible for the processing of
personal data, User Data may be transmitted or accessed by such entities, to the
extent that it is necessary for the provision of such data services. 


Pestana Group may transmit or communicate the User Data to other entities in the
event of such transmission or communication being necessary for the
implementation of the contract established between the User and Pestana Group or
for pre-contractual procedures at the request of the User, if necessary for the
fulfillment of a legal obligation to which Pestana Group is subject or, if it is
necessary, to obtain them in the legitimate interests of Pestana Group or of a
third party. In the event of the transmission of User Data to third parties,
reasonable efforts will be made to ensure that the transmitting entity employs
the User Data transmitted in a manner appropriate to this Privacy Policy.


When a User reserves a stay in one of our hotels, his/ her personal data will be
processed for accession and management of the assistance insurance available to
all customers during their stay at Pestana Group hotels. For the present
purposes, Pestana Group will transmit the following personal data to the
Insurance Company RNA SEGUROS DE ASSISTÊNCIA, S.A., which will act as Data
Controller: full name, nationality, date of birth, passport or citizen card
number, country of origin, check-in date, check-out date. For more information
on how RNA processes your personal data, please consult
https://www.rnaseguros.pt/Politica_Privacidade_.pdf.

 


I) Data Processors

As part of the processing of User Data, Pestana Group uses or may use processors
whose on its behalf, and in accordance with its instructions processes the
User's Data, in accordance with the law and this Privacy Policy. 


These processors may not transmit the User Data to other entities without the
prior written authorization.


Pestana Group undertakes to only subcontract the processors that have
implemented the appropriate technical and organizational measures, to guarantee
the defense of the User's rights. All entities sub-contracted by Pestana Group
shall be bound by Pestana Group by means of a written agreement which covers:
the object and duration of the processing, the nature and purpose of the
processing, the type of personal data, the categories of data subjects and the
rights and obligations of the parties and other obligations provided by the
article 28 of GDPR.


We are listing below the processors' categories to which the personal data of
the Pestana Group website users and guests is communicated:

 

Processors Categories

Processing of Personal Data Purposes

 

Licensing, maintenance, support and technical software and systems technical
support Management / maintenance / systems and software support to the Pestana
Group's activity. Payment service processing, EDI and electronic billing
services, accounting, tax and administrative management companies and business
support softwareEconomic and accounting management of the invoicing of the
guests, suppliers, and service providersCommercial Promoters Promotion / Sale of
Pestana Group servicesDirect marketing support companies / digital marketing
partnersE-mail marketing sending assistance, performances' analysis, and
disclosure of publicityGuest Intelligence solutions providersSending of the
guest satisfaction surveysSecurity companies and preventive and corrective
maintenance of security systems companiesVideo surveillance and surveillance for
the security of people and propertiesGuest stay management companiesServices
provision related to the stay of guests in the establishments of Pestana
GroupProvision of guest services companiesGuests contact and support

 

II)Third Parties:

Pestana Group can further communicate to other third parties not qualified as
processors pursuant to the article 4 (8) of the GDPR. These entities are subject
have ensured that they process personal data in accordance with the provisions
of the GDPR.


Pestana Group communicates the data to other recipients, in detail:



Recipients Categories

Processing of Personal Data Purposes

Temporary-work agencies
Temporary transfer of workersCompanies that explore commercial establishments
inside Pestana Group Hotels

Supplementary services and support provided to guests


Insurance CompaniesCustomer Service InsuranceCompanies providing various
services during the guest's stay at the Pestana Group facilitiesParking, car
rental and garden maintenance servicesTravel agencies and tour
operatorsReservations Advisers or Lawyers Provision of consultancy services and
legal servicesDifferent companies of additional services requested by guests
Taxi service / Transfers to the airport, Car parking services, car rental,
restaurants reservations and other activities requested by guests

 

1.3. DATA COLLECTION CHANNELS 

Pestana Group may collect data directly (i.e., directly from the User) or
indirectly (i.e. via partner entities or third parties). Such collection may be
done through the following channels:




 * Direct collection: in person, by telephone, e-mail and through the Site; 
 * Indirect collection: through partners or group companies and official
   entities. 





 
2. GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF USER DATA
In terms of general principles regarding the processing of personal data,
Pestana Group undertakes to ensure that the User Data processed by it is:




 * Subject to processing in accordance with the law, as well as being fair and
   transparent in relation to the User;
 * Collected for specific purposes that are objective and legitimate, not being
   processed subsequently in any way that runs contrary to these purposes;
 * Appropriate, justified and limited to what is necessary in relation to the
   purposes for which these data are processed;
 * Accurate and updated whenever necessary with all necessary measures being
   taken to ensure that inaccurate data, considering the purposes for which they
   are processed, are erased, or corrected without delay;
 * Kept in a manner that allows the identification of the User only for the
   period necessary for the purposes for which the data are to be processed;
 * Handled in a manner that ensures data security, including protection against
   their unauthorized or illegal treatment and against their loss, destruction,
   or unforeseen damage, with appropriate technical or organizational measures
   being taken. 






















Data processing carried out by Pestana Group is permitted and legitimate when at
least one of the following situations occurs: 






 * The User has given his/her free, positive, explicit and unequivocal consent
   to the processing of his/her for one or more specific purposes;
 * The processing is necessary for the implementation of a contract in which the
   User is a party, or for pre-contractual procedures at the request of the
   User; 
 * The processing is necessary for the fulfillment of a legal obligation to
   which Pestana Group is subject;
 * Processing is necessary for the defense of the vital interests of the User or
   another individual;













 





The processing is necessary for legitimate interests pursued by Pestana Group or
by third parties (unless the interests or fundamental rights and freedoms of the
User requiring the protection of personal data prevail). 
Pestana Group undertakes to ensure that the processing of User Data is only done
under the conditions cited above and respecting the principles mentioned above.
 

When the processing of the User Data is performed by Pestana Group is based on
the User's consent, the User has the right to withdraw his consent at any time.
Such withdrawal of the consent, however, does not jeopardize the legality of the
processing carried out by Pestana Group, based on the consent previously given
by the User. 
 

The length of time during which the data is filed and stored varies according to
the purpose for which the information is being processed, being stored only for
the necessary time for the fulfillment of the purposes for which they are
processed, taking into account the Data Retention Policy approved by Pestana
Group.
 
Effectively, there are legal requirements that require the data to be preserved
for a minimum period. Thus, and where there is no specific legal obligation, the
data will be stored and kept only for the minimum period necessary for the
purposes that led to their collection or subsequent processing, which at the end
of the period will be eliminated. 
 
3. USE AND PURPOSES OF THE DATA PROCESSING 
 
In general, Pestana Group uses the User Data for the following purposes:

To provide hotel services and associated services (restaurants, bars, spa,
etc.);

 * To purchase Vouchers;
 * To manage the contacts with the User and response to request for quotes;
 * To bill or to invoice the services; and invoicing the User; 
 * To inform the User, when requested, on new products and services that have
   been made available on the Site and/or at the hotels' units, special offers
   and campaigns, updated information on Pestana Group's business operations
   and, generally, for marketing purposes, using any means of communication,
   including electronic media;
 * To join the loyalty program ("Pestana Guest Club"), which allows access to
   restricted areas of the Site;
 * To ensure that the Site meets the User's needs by developing and publishing
   content that is best adapted to the requests made and the type of User,
   improving the search capabilities and functionalities of the Site, and
   obtaining associated or statistical information regarding the user's profile
   (analysis of consumption profiles);
 * To contract and to manage the assistance insurance available to all clients
   during their stay at the Pestana Group hotels;
 * To send guest feedback Surveys;
 * To record phone calls made in connection with the solicitation or provision
   of information about reservations, vouchers, and other products or services
   and their commercial conditions of use and the establishment of any
   contractual relationship, either during the formation phase of the contract
   or while it is in force.
   

Pestana Group may combine Usability Information with anonymous demographic
information for research purposes, and we can use the result of this combination
to provide relevant content on the Site. In certain restricted areas of the
Site, and through the Users' consent Pestana Group can combine Personal Data
with Usability information to provide the User a more personalized content.



4. TECHNICAL, ORGANIZATIONAL AND SECURITY MEASURES IMPLEMENTED 

In order to guarantee the security of the User Data and maximum confidentiality,
Pestana Group treats the information you provided to us in an absolutely
confidential manner, in accordance with its internal security, and
confidentiality policies and procedures, which are updated periodically as
required, as well as the terms and conditions legally set out.


As a function of the nature, scope, context and purpose of data processing, as
well as the risks arising from the treatment of the rights and freedoms of the
User, Pestana Group undertakes to apply, both when defining the method and
timing of handling the data, the technical and organizational measures necessary
and appropriate for the protection of User Data and compliance with legal
requirements. 


It also undertakes to ensure that, by default, only data that are necessary for
each specific handling purpose are processed and that such data are not made
available without human intervention to an indeterminate number of people. 

Communication between the user's device and the Pestana Group Site is done
through secure channels and communications using the HTTPS protocol and the SSL
security standard. Nevertheless, in terms of general measures, Pestana Group
adopts the following: 


 * Regular audits to identify the effectiveness of the technical and
   organizational measures implemented;
 * Sensitization and training of personnel involved in data processing
   operations;
 * Pseudonymization and coding of personal data;
 * Mechanisms capable of ensuring the permanent confidentiality, availability
   and resilience of information systems;
 * Mechanisms to ensure the restoration of information systems and access to
   personal data in a timely manner in the event of a physical or technical
   incident; 

 


5. TRANSFER OF DATA OUTSIDE THE EUROPEAN UNION 

Pestana Group may transfer your personal data to recipients in countries outside
the European Union, which may have different levels of personal data protection.


Consequently, Pestana Group is concerned to adopt appropriate measures to ensure
the secure transfer of your personal data, whenever there is a transfer to a
third country, whose level of protection of your personal data is different from
that of the country where the personal data are collected.


This transfer of data results, inter alia, from the need to send your data as
part of reservation processes to the hotels of Pestana Group, located in
different geographical locations: Brazil, Argentina, Venezuela, United States,
Cuba, Mozambique, South Africa, Sao Tome and Principe, Cape Verde and Morocco.


Pestana Group undertakes to ensure that transfers of personal data to countries
outside the European Union comply with the applicable legal provisions, in
particular with regard to determining the suitability of such country with
regard to data protection and the requirements applicable to such transfers.



6. USE OF COOKIES 

When you visit the Site, a small text file (Cookie) is created and recorded on
your computer disc.  These text files will allow a more personalized and
efficient navigation experience. Each time you visit the Site, your internet
browser sends these cookies back to the Site, allowing the recognition and the
identification of the Users, as well as their usage preferences. These Cookies
will only be installed with your express consent, except in cases where they are
necessary for the operation of the Site.

To find out all the information about the cookies we use on the Site, including
their purposes, categories, duration, and to whom they belong, you can consult
our Cookies Policy available here.

In addition, you have the possibility at any time to manage your preferences
regarding the collection of cookies in the preference manager available here.


7. THIRD PARTY TOOLS USED IN THIS SITE

Facebook and Instagram

In the Site there is an interactivity with Facebook and Instagram through a
connection with these social networks' servers is established. This allows the
social networks to identify the Site that the User is visiting, and potentially
store other data such as the IP address.

If the user is also connected in these social networks, may also be associated
the data with the User's account. If the user wants to prevent this, should done
log out from Facebook and/ or Instagram before visiting the webpage.

You can find more information about how Facebook and Instagram process data on
their Sites: https://www.facebook.com/about/privacy/ and
https://help.instagram.com/519522125107875.



Twitter

The Site has an interactivity with Twitter Inc. (hereinafter "Twitter"). When
you access a webpage using such buttons, a connection with Twitter's servers is
established. This allows Twitter to identify the Site that the User is visiting,
and potentially store other data such as the IP address.
You can find more information about how Twitter processes data on Twitter Site:
https://twitter.com/privacy.



YouTube

The Site has an interactivity with YouTube through a connection with this
website servers is established. This allows YouTube to identify the Site that
the User is visiting, and potentially store other data such as the IP address.


If the user is also connected in YouTube, may also be associated the data with
the user's account. If the user wants to prevent this, should done log out from
your YouTube account before visiting the webpage.


You can find more information about how YouTube processes in the following link:
https://www.youtube.com/intl/en-GB/yt/about/policies/#community-guidelines.

 

B. USER RIGHTS (DATA OWNERS)

8. THE RIGHT OF INFORMATION

8.1. Information provided to the User by Pestana Group (when data are collected
directly from the User):

 * The identity and contacts, of the personal data controller and, if
   applicable, of its representative;
 * The contacts of the Data Protection Supervisor; 
 * The purposes of the processing to which the personal data are intended, as
   well as, if applicable, the legal reasons for the processing; 
 * If the processing of the data is based on the legitimate interests of Pestana
   Group or a third party, an indication of such interests;
 * If applicable, recipients or categories of recipients of personal data;
 * If applicable, an indication that personal data will be transferred to a
   third country or an international organization, and whether a decision on
   appropriateness has been adopted by the Commission or a reference to suitable
   or appropriate transfer guarantees;
 * Term for the retention of personal data;
 * The right to request Pestana Group's permission for personal data, as well as
   its correction, elimination or limitation, the right to oppose its processing
   and the right to access the data;
 * If the processing of the data is based on the User's consent, the right to
   withdraw it at any time, without compromising the legality of the processing
   carried out based on the consent previously given;
 * The right to file a complaint with the CNPD (Comissão Nacional de Protecção
   de Dados [Portuguese Data Protection Authority]) or other supervisory
   authority; 
 * Indication of whether the communication of personal data constitutes a legal
   or contractual requirement to enter into an agreement and whether the holder
   is required to provide the personal data and the possible consequences of not
   providing such data; 
 * If applicable, the existence of automated decisions, including the definition
   of profiles, and information regarding the basic concept, as well as the
   importance and expected consequences of such processing for the data
   subject. 
 * If the User Data is not collected directly by Pestana Group from the User, in
   addition to the aforementioned information, the User is also informed about
   the categories of personal data being processed, as well as the origin of the
   data and, whether they are from sources accessible to the public.
 * In the event of Pestana Group intending to proceed with the further
   processing of the User Data for a purpose other than that for which the data
   was collected, before this processing, Pestana Group shall provide the User
   with information about that purpose and any other information of interest,
   under the terms referred to above.
   
   

8.2. Procedures and measures implemented to fulfill the right to information.


The information referred to in paragraph 8.1. is provided in writing (including
by electronic means) by Pestana Group to the User prior to the processing of the
personal data in question. In accordance with applicable law, Pestana Group is
under no obligation to provide the User with the information mentioned in
paragraph 8.1 when and to the extent that the User already has knowledge of
them. 

This information is provided by Pestana Group at no cost. 



9. THE RIGHT OF ACCESS

Pestana Group guarantees the means that allow the user to consult his or her
Personal Data. 


The User has the right to obtain confirmation from Pestana Group that personal
data concerning him or her are processed and, if applicable, the right to access
his/her personal data and the following information:


 * The purposes of data processing;
 * The categories of personal data in question;
 * The addressees or categories of recipients to whom the personal data have
   been or will be disclosed, in particular to recipients based in other
   countries or belonging to international organizations; 
 * The term for the retention of personal data; 
 * The right to ask Pestana Group to correct, eliminate or limit the processing
   of personal data, or the right to prevent such processing;
 * The right to file a complaint with the CNPD or other supervisory authority;
 * If the data has not been collected from the User, the available information
   on the origin of such data;
 * The existence of automated decisions, including the definition of profiles,
   and information on the underlying reasoning, as well as the importance and
   expected consequences of such processing for the data subject;
 * The right to be informed about the appropriate safeguards associated with the
   transfer of data to third countries or international organizations.
 * Upon request, Pestana Group will provide the User, free of charge, with a
   copy of the User Data that is being processed. The providing of other copies
   requested by the User may entail administrative costs.




10. THE RIGHT TO RECTIFICATION

The User has the right to request, at any time, correction of his or her
Personal Data, as well as the right to have incomplete personal data completed,
including by means of an additional declaration. 


In the event of limitation of processing of data, Pestana Group shall inform
each recipient/entity to whom the data has been transmitted of the limitation,
unless such communication proves impossible or involves a disproportionate
effort on behalf of Pestana Group. 


11. THE RIGHT TO ERASURE ("RIGHT TO BE FORGOTTEN") 

You have the right to obtain, on the part of Pestana Group, deletion of your
data when one of the following reasons apply:

 * The User Data is no longer required for the purpose for which it was
   collected or processed; 
 * The User withdraws the consent on which the data processing is based and
   there is no other legal basis for such processing;
 * The User opposes the treatment under the right of opposition and there are no
   prevailing legitimate interests justifying the processing;
 * If User Data is processed illegally;
 * If User Data must be deleted in order to comply with a legal obligation to
   which Pestana Group is subject;
 * Under the applicable legal terms, Pestana Group is under no obligation to
   delete User Data to the extent that the processing proves necessary to
   fulfill a legal obligation to which Pestana Group is subject or for the
   purposes of declaring, exercising or defending Pestana Group's rights in
   judicial proceedings. 

In the event of the data being deleted, Pestana Group shall inform each
recipient/entity to whom the data has been transmitted of the deletion, unless
such communication proves impossible or involves a disproportionate effort on
behalf of Pestana Group. 


When Pestana Group has made the User Data public and is obliged to delete it
under the right of such deletion, Pestana Group undertakes to ensure reasonable
measures, including of a technical nature, taking into account available
technology and costs of its application to inform those responsible for the
effective processing of personal data for which the User has requested deletion
of the links to such personal data, as well as copies or reproductions thereof. 

 

12. RIGHT TO RESTRICTION OF PROCESSING

The data subject shall have the right to obtain from the controller restriction
of processing where one of the following applies:


 * If the accuracy of personal data is challenged, for a period that allows
   Pestana Group to verify its accuracy;
 * If the processing is unlawful and the User opposes the deletion of the data,
   requesting, instead, a limitation on its use; 
 * If Pestana Group no longer requires the User Data for processing purposes,
   but such data is required by the User for the purposes of declaring,
   exercising or defending their rights in judicial proceedings;
 * In the event of the User objecting to the processing, until it is verified
   that Pestana Group's legitimate reasons prevail over those of the User. 
   

When User Data is subject to limitations, they may only, with the exception of
storage, be processed with the consent of the User or for the purpose of
declaring, exercising or defending a right in judicial proceedings, defending
the rights of another natural or legal person, or for public interest reasons
provided by law. 


The User who has obtained the limitation of the processing of their data in the
above cases shall be informed by Pestana Group before the limitation on
processing is annulled. 

In the event of limitation of processing of data, Pestana Group shall inform
each recipient/entity to whom the data has been transmitted of the limitation,
unless such communication proves impossible or involves a disproportionate
effort on behalf of Pestana Group. 

 

13. THE RIGHT OF PORTABILITY OF PERSONAL DATA

The User has the right to receive personal data concerning him/her and which
he/she has provided to Pestana Group, in a structured, current and automated
reading format, and the right to transmit such data to another person
responsible for its processing, if:


 * The processing is based on consent or a contract to which the User is a
   party; and 
 * The processing is performed by automated means. 
   

The right of portability does not include inferred or derived data, i.e.
personal data that are generated by Pestana Group because of, or resulting from,
analysis of the data being processed.


Users are entitled to have their personal data transmitted directly between
those responsible for the processing, whenever this is technically possible. 

 


14. RIGHT TO OBJECT

Users have the right to object at any time to the processing of personal data
based on the legitimate interests pursued by Pestana Group or when the
processing is carried out for purposes other than those for which personal data
were collected, including the definition of profiles, or when personal data are
processed for statistical purposes. 


Pestana Group shall terminate the processing of User Data unless it can
demonstrate urgent and legitimate reasons for such processing that prevail over
the User's interests, rights and freedoms, or for the purposes of declaring,
exercising or defending Pestana Group's rights in legal proceedings. 


When User Data is processed for the purpose of direct sales (marketing), Users
have the right to oppose at any time the processing of the data that concern
them for the purposes of said marketing, which includes the definition of
profiles insofar as it relates to direct marketing. If Users object to the
processing of their data for the purposes of direct marketing, Pestana Group
must cease the processing of the data for this purpose. 


Users also have the right not to be subject to any decision made solely on the
basis of automated processing, including the definition of profiles, that has an
effect in the legal sphere or has a significant similar effect, unless the
decision: 




 * Is necessary for the signing or implementation of a contract between the User
   and Pestana Group; 
 * Is authorized by legislation to which Pestana Group is subject; or
 * Is based on the explicit consent of the User. 




15. PROCEDURES FOR THE EXERCISING OF RIGHTS BY THE USER

The right of access, right to rectification, right of elimination, right to
restriction, right to data portability and right to object may be all exercised
by the User through the platform available
at: https://pestanahotelgroup.atlassian.net/servicedesk/guest/portal/5. 


For further information, please contact the Pestana Group Data Protection
Officer through the following e-mail dpo@pestana.com or by letter to the Data
Protection Officer, Rua Jau, No. 54, 1300-314 Lisbon, Portugal. 


Pestana Group will respond in writing (including by electronic means) to the
User's request within a maximum period of one month from the receipt of the
request, except in particularly complex cases, for which this period may be
extended up to two months. 


If the requests submitted by the User are manifestly unjustified or excessive,
especially due to their repetitive nature, Pestana Group reserves the right to
charge administrative costs or refuse to comply with the request. 

 

16. PERSONAL DATA BREACH

In the event of a personal data breach and insofar as such a breach is likely to
entail a high risk to the User's rights and freedoms, Pestana Group undertakes
to inform the User in question of the personal data violation within 72 hours of
learning of the incident. 


Under the legislation, communication to the User is not required in the
following cases: 


 * When the personal data breach is not likely to result in a high risk to the
   rights and freedoms of natural persons;
 * If communication to the User implies a disproportionate effort on behalf of
   Pestana Group. In this case, Pestana Group will release a public
   communication or take a similar action by which the User will be informed. 
   
   

C. FINAL PART 

17. AMENDMENTS TO THE PRIVACY POLICY 

Pestana Group reserves the right to make changes to this Privacy Policy at any
time. We advise you to read this document regularly.



18. RIGHT TO COMPLAIN BEFORE THE SUPERVISORY AUTHORITY

Please note that you have also the right to lodge a complaint before the
competent supervisory authority — National Data Protection Committee, with its
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© Intervisa Viagens e Turismo, Lda. - Rua Jau, nº 54, 1300-314 Lisboa

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