Immerse yourself in this amazing one-in-a-lifetime adventure. Watch these spectacular cetaceans  plunge through the great sea waters of the Atlantic ocean on Pico Island.

Madalena is The trading and communications centre of the Island. Great shopping, excursions and many other amenities in this city that Villa da Silva is situated in. Although Villa da Silva is in proximity to all that the city has to offer, it is also nestled in a gated property, which allows guests to enjoy tranquility and relaxation.

View the biodiversity of a living ocean full of marine life. The seamount can rise from depths of more than 1500 meters to approximately 32 metres from the surface. Some of the few examples of the marine life that you can view are: large schools of mobulas, barracuda, jacks, tuna, wahoos and bill-fish like the blue marlin.  

TERMS AND CONDITIONS

These terms and conditions (the "Terms and Conditions") govern the use of https://villadasilva.kartra.com/page/IZM1 (the "Site"). This Site is owned and operated by Villa da Silva. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property
All content published and made available on our Site is the property of Villa da Silva and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Accounts
When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Services
These Terms and Conditions govern the sale of services available on our Site.

The following services are available on our Site:

• Short Term Vacation Property Rentals.

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

Payments
We accept the following payment methods on our Site:

• Credit Card.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Refunds
Refunds for Services
We provide refunds for services sold on our Site as follows:

• The services will be fully refunded minus a $100.00 per person administration fee if the services are canceled at least 30 days before the services were scheduled to be provided.

Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability
Villa da Silva and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Villa da Silva and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of the Azores, Portugal.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

(416) 898-6050
paul-dasilva@sympatico.ca
Rua do Sertao, No. 6, Madalena, Pico 9950-361, Portugal

You can also contact us through the feedback form available on our Site.

Effective Date: 15th. day of March, 2022.  

GENERAL TERMS

1. GUEST IDENTIFICATION & RESPONSIBILITY: You are at least 25 years of age and are making this reservation for yourself. You take full responsibility for all other occupants on the premises during your stay.

2. EXTRA VISITORS: Only the contracted occupants as listed on the Reservation Confirmation email may be onsite at the property. For insurance purposes, visitors must be approved in advance. Absolutely no parties, meetings, over-occupancy, etc. Violation of this clause will result in immediate termination of occupancy and forfeiture of all payments.

3. PETS/SMOKING/COMPORTMENT: No pets. No smoking. You will peacefully and quietly occupy the premises and will conduct yourselves in a manner inoffensive to the neighbors. Violation of any of these conditions will result in immediate termination of occupancy and forfeiture of all payments.

4. CHECK-IN/CHECK-OUT: Check-in is at 4pm, check-out is at 10am. Non-standard check-in and check-out times must be pre-approved in writing, so we can schedule accordingly. (There is a €50 late fine for each hour, or fraction thereof, if occupants stay beyond the contracted check-out time, thereby impeding the preparation of the property for the next guests.)

5. LOST ITEMS: Please contact us promptly if you have left personal belongings at the property after check-out. Items will be held for 30 days before being donated to charity or discarded.

6. REPORTING PROBLEMS: You agree to promptly report to us any and all mechanical, electrical, plumbing or other problems with the property.

7. OWNER ACCESS: With a minimum of 24 hours notice, we shall have the right to enter and inspect the premises at reasonable times to ensure maintenance and safety and to show it to prospective tenants or buyers. In an emergency, we may enter at any time without securing your prior permission.

FINANCIAL TERMS

8. LATE PAYMENTS: If your final payment is not received at least 60 days prior to your arrival, your reservation will be cancelled.

9. DAMAGE DEPOSIT: 
a) all provisions of this agreement are complied with;
b) the house and contents are left in good order, clean and with no breakage or damage beyond normal wear and tear.
In the event of damage beyond normal wear and tear, your responsibility is not limited to the Damage Deposit amount. As such, you agree to reimburse us for the actual costs arising from excessive clean-up, missing items, repairs, replacement, and, if necessary, costs incurred for removing occupants from the property.

NOTE: We will attempt to assess the premises and if we determine that the premises has been damaged beyond normal wear and tear. Villa da Silva will have the right to charge the guest(s) for the damages incurred to property in any way possible, including the charging of the guest(s) credit card. 

10. CANCELLATIONS:
a) TRAVEL INSURANCE. Please purchase travel insurance to protect yourself from the unexpected, including cancellation coverage, personal belonging protection and public liability. We realize that cancellations are unplanned and, usually, for traumatic reasons. However, we can not provide cancellation insurance for those who opt not to purchase it themselves.
b) CANCELLATIONS BY VILLA DA SILVA. Once your booking is confirmed, we will not accept any other offers — no matter how financially attractive — for your chosen dates. Your reservation is guaranteed.
c) CANCELLATION BY GUEST. Upon receipt of an emailed notice from you, we will cancel your reservation and, within 48 hours, email an invoice reflecting all payments received. You can then deliver this invoice to your Travel Insurance provider.
d) CANCELLATION REFUNDS. The amount of refund depends upon the terms and conditions of your Travel Insurance company; they will be responsible for any reimbursement of payments.
e) PROPERTY UNAVAILABLE. If your chosen property, due to an act of God, major outage, etc., is not available upon arrival, we will (i) offer an available     Villa da Silva property of equal/greater value or (ii) promptly refund your payment in full.

LIABILITY/RIGHTS

11. RESIDENTIAL USE/SUBLETTING/TENANCY: The premises shall be used for residential purposes only. You may not let, sublet, or assign this rental agreement. This agreement does not create a long-term tenancy for the property. Occupants(s) can be removed from the property without process of law if they do not depart at the check-out day and time indicated in the “Reservation Confirmation” email.

12. CHILDREN/HANDICAPPED ACCESS: Properties are not equipped for the elderly or handicapped. Although some complementary child-safety features may be provided, we are not liable for the safety of children.

13. LIABILITY: We will not be liable for any loss, damage or injury incurred on the property, or through the use of any equipment or facilities, other than death or personal injury arising as a consequence of our gross negligence. Under no circumstances will our liability exceed the amount paid by you for the rental period. Please ensure you have adequate personal liability and medical insurance in effect during your stay.

Thank you for choosing Villa da Silva for your upcoming travels!

https://villadasilva.kartra.com/page/IZM1 Privacy Policy

Type of website: Ecommerce
Effective date: 15th day of March, 2022

https://villadasilva.kartra.com/page/IZM1 (the "Site") is owned and operated by Villa da Silva. Villa da Silva is the data controller and can be contacted at:

paul-dasilva@sympatico.ca
(416) 898-6050
Rua do Sertao, No. 6, Madalena, Pico 9950-361, Portugal

Purpose
The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following:

1. The personal data we will collect;
2. Use of collected data;
3. Who has access to the data collected;
4. The rights of Site users; and
5. The Site's cookie policy.

This Privacy Policy applies in addition to the terms and conditions of our Site.

GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.

We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.

Consent
By using our Site users agree that they consent to:

1. The conditions set out in this Privacy Policy.

When the legal basis for us processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful.

You can withdraw your consent by: Contacting Villa da Silva on the contact information form of the website and notifying Villa da Silva to withdraw their consent for personal data.

Legal Basis for Processing
We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR.

We rely on the following legal bases to collect and process the personal data of users in the EU:

1. Users have provided their consent to the processing of their data for one or more specific purposes;
2. Processing of user personal data is necessary for us or a third pary to pursue a legitimate interest. Our legitimate interest is not overriden by the interests or fundamenal rights and freedoms of users. Our legitimate interest(s) are: Booking of the Villa da Silva Vacation Properties.;
3. Processing of user personal data is necessary for us to comply with a legal obligation. If a user does not provide the the personal data necessary for us to perform a legal obligation the consequences are as follows: They will not be able to book the vacation properties at Villa da Silva; and
4. Processing of user personal data is necessary to a task carried out in the public interest or in the exercise of our official authority.

Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.
 

Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following information:

1. IP address;
2. Location;
3. Clicked links; and
4. Content viewed.

Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:

1. First and last name;
2. Age;
3. Email address;
4. Phone number;
5. Address;
6. Payment information;
7. Vacation dates;
8. Pricing Preferences; and
9. Preferred Travel Activities.

This data may be collected using the following methods:

1. Submission Forms; and
2. Creating an account.

How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.

The data we collect automatically is used for the following purposes:

1. Statistics.

The data we collect when the user performs certain functions may be used for the following purposes:

1. Communication; and
2. To provide a better service experience for the customer.

Who We Share Personal Data With
Employees
We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.

Third Parties
We may share user data with the following third parties:

1. Marketing agency;
2. Concierge Service; and
3. Agent hosting the vacation property.

We may share the following user data with third parties:

1. Links clicked while using site; and
2. Statistics.

We may share user data with third parties for the following purposes:

1. Targeted advertising; and
2. Give customer a better service experience.

Third parties will not be able to access user data beyond what is reasonably necessary to achieve the given purpose.

Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:

1. If the law requires it;
2. If it is required for any legal proceeding;
3. To prove or protect our legal rights; and
4. To buyers or potential buyers of this company in the event that we seek to sell the company.

If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.

How Long We Store Personal Data
User data will be stored for ten years.

You will be notified if your data is kept for longer than this period.

How We Protect Your Personal Data
All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee's termination.

While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.

International Data Transfers
We transfer user personal data to the following countries:

1. Canada; and
2. Portugal.

When we transfer user personal data we will protect that data as described in this Privacy Policy and comply with applicable legal requirements for transferring personal data internationally.

If you are located in the United Kingdom or the European Union, we will only transfer your personal data if:

1. The country your personal data is being transferred to has been deemed to have adequate data protection by the European Commission or, if you are in the United Kingdom, by the United Kingdom adequacy regulations; or
2. We have implemented appropriate safeguards in respect of the transfer. For example, the recipient is a party to binding corporate rules, or we have entered into standard EU or United Kingdom data protection contractual clauses with the recipient..

Your Rights as a User
Under the GDPR, you have the following rights:

1. Right to be informed;
2. Right of access;
3. Right to rectification;
4. Right to erasure;
5. Right to restrict processing;
6. Right to data portability; and
7. Right to object.

Children
We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.

How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact our privacy officer here:

Paul da Silva
paul-dasilva@sympatico.ca
(416) 898-6050
________________________________________

Do Not Track Notice
Do Not Track ("DNT") is a privacy preference that you can set in certain web browsers. We respond to browser-initiated DNT signals. If we receive a DNT signal that indicates a user does not wish to be tracked, we will not track that user. We are not responsible for and cannot guarantee how any third parties who interact with our Site and your data will respond to DNT signals.

How to Opt-Out of Data Collection, Use or Disclosure
In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, we provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below:

1. You can opt-out of the use of your personal data for marketing emails. You can opt-out by clicking "unsubscribe" on the bottom of any marketing email or updating your email preferences under "Your Account"
2. Click the unsubscribe button at the bottom of the website. You can opt-out by fill out the unsubscribe form.

Cookie Policy
A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.

We use the following types of cookies on our Site:

1. Functional cookies
   Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visits;
2. Analytical cookies
   Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our Site, etc; and
3. Targeting cookies
   Targeting cookies collect data on how you use the Site and your preferences. This allows us to personalize the information you see on our Site for you.

Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.

Complaints
If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority. You can lodge a complaint with a supervisory authority by contacting the Information Commissioner's Office in the UK, Data Protection Commission in Ireland.

Contact Information
If you have any questions, concerns or complaints, you can contact our privacy officer, Paul da Silva, at:

paul-dasilva@sympatico.ca
(416) 898-6050
________________________________________