Terms and conditions.

Welcome to SwingBy! By using the App you agree to the following terms and conditions:

§ 1 General and Definitions

The SwingBy Holding BV is operator of the SwingBy App, as well as for all alternative access possibilities to the SwingBy App through links with other services and platforms and planned platforms.

The SwingBy App is an app for booking online appointments at local service providers, meaning the collection, processing and forwarding of requests for appointments and related services between customer ('User') and the mediating service provider ('Provider').

§ 2 Operator of the App / Application area

This terms and conditions are valid for the use of the SwingBy App, regardless of the used domain or subdomain.

Contracting partner is the SwingBy Holding BV, Jodenstraat 53, 5911 HJ Venlo Netherlands, even if the service is offered and can be used in another country.

The terms and conditions also apply, if the app or parts of the app are used by use of other services, which enable the access fully or partly.

The user accepts with the activation of the selection box this terms and conditions.

Additional agreements can be valid for individual content, services and offers are valid separately. This will be indicated separately.

§ 3 Offered services and conclusion of contract

Subject of the user contract is the access to the online offer of the SwingBy app, the retrieval of information there about providers (including address details, location, reviews, photos and description, etc.), and free use of the appointment request service and the evaluation function. You can freely search the SwingBy platform for service providers. Nevertheless, you need to login first in order to make a booking or you can have an email account on the website ('Account').

Users can set up an account if are a "natural person" who have reached the age of 18 years and if you are authorized legally enter into a contractual agreement with SwingBy, although the service is free, and / or the necessary consent or authority own or act as representatives of a person. Collaborations, limited liability companies, partnerships and other legal or social entity can open an account.

By sending an appointment request a contract between SwingBy and the user takes place.

To create a meeting request specifying first name, last name, email address and telephone number of the user is necessary (hereinafter "contact data"). In addition, the service desired and preferred date and time must be specified. The contact also serves to communicate with the user and to contact the selected provider with the user.

SwingBy Holding BV forwards the meeting request each user with his contact the seller a question further and the data of the user specified are fed by the scheduling software of SwingBy Holding BV directly into the computerized reservation database of the provider, so the availability for the date requested when the request of the user is determined.

The appointment will be confirmed directly and the user gets a confirmation within the app. Should the date not take place it is the responsibility of the service provider or user to cancel it.

In any communication between users and providers arise any contractual relationships with respect to the service of the provider solely between the participating user and the provider. Thus SwingBy Holding BV is in this relationship neither representative nor vicarious agent, nor is SwingBy Holding BV itself liable to pay the service or contractor.

SwingBy reserves the right to reject the accounts that are inactive for two years or more, do not continue and cancel. SwingBy also reserves the right to limit the Website and the accounts at any time or to delete.

In the case of (repeated) abuse or misuse of, restrict accounts, temporarily suspend or cancel without notice. Abuse or misuse of an account may be considered, but are not limited to, if a customer makes repeated postings that he can not comply and / or repeated (this) does not renounce bookings in the manner specified by the service period. SwingBy will use a two-stage warning system and it should come to repeated abuse of the account after the second notification, the account will be terminated.

§ 4 Fees

The use of SwingBy app is free of charge to the user.

§ 5 Obligations of the User

The User agrees to use the services of third parties mediated by SwingBy Holding BV only within the law. This means in particular that the user does not abuse the appointment request function to send messages with advertising content without consent of the addressed provider.

The user warrants that the contact information used are accurate and complete. The use of pseudonyms is permitted. SwingBy Holding BV is entitled to review their contact details.

Further, the user warrants and represents that his appointment request is serious, and he wants to use the services of the supplier to the requested date of service. The transmission of failure to rightly bond will forward requests to providers ('joke orders') be followed by SwingBy Holding BV with the aid of the connection data as permitted by law.

In the event that the user can not perceive an agreed date, this, the appointment obliged using the cancellation function or directly from the vendor, but not to cancel the latest 24 hours before the start of the appointment.

§ 6 Copyright

In the case that a user hurts the rights of third parties when you using our online offer, they commits themself, to indemnify SwingBy Holding BV from claims of third parties beyond deletion or modification.

The user authorizes SwingBy Holding BV, the non-exclusive use of information transmitted from his content, including comments and reviews of providers that are caused by the use of SwingBy Holding BV. The rights to use such content go in this respect over to SwingBy Holding BV, as that SwingBy Holding BV can share them with partners or transmit to partners for use. This is done without prior notice to the user.

§ 7 Warranty and Liability

SwingBy Holding BV strives to provide the user its offer trouble free available. However, the user acknowledges that there may be downtime due to maintenance work, further or other disturbances (including availability and accessibility of European Internet infrastructure, availability of domains and domain register, etc.) and a full uninterrupted availability of the website is not technically feasible.

Therefore SwingBy Holding BV is not responsible for the availability of the website or lack of technical failures.

SwingBy Holding BV accepts no responsibility for the completeness, accuracy and timeliness of the information (including the price, services, etc.) of the listed providers.

On the availability, processing and the processing time of a meeting request SwingBy Holding BV has no influence. The user is aware that against the SwingBy Holding BV no claims regarding the insufficiently or not fulfilled by the provider service can be invoked.

SwingBy Holding BV is entitled to terminate the offer in whole or in part, without giving reasons in whole or limited for all users or specific groups of users, or not to offer.

For slight negligence the SwingBy Holding BV excludes all liability in general, unless damage has affected from injury to life, body or health, guarantees or claims under the Product Liability Act. This shall not affect the liability for breach of duties the fulfillment of which makes the proper execution of the contract and on which the customer can rely. The above limitation of liability also applies to breaches of duty by a vicarious agent of SwingBy Holding BV.

§ 8 Indemnity

In the case of third party claims shall exempt the user SwingBy Holding BV and its employees and agents from all claims resulting from these that make this claim based on alleged or actual infringements by the user in connection with the use of the internet, compared with SwingBy Holding BV. In addition, the user, all costs SwingBy Holding BV caused by the use of third parties undertake to replace. This includes the costs of reasonable legal prosecution and defense, the SwingBy Holding BV arise for defending against claims of third parties. In this case, the user informed SwingBy Holding BV immediately of measures to be carried out of legal defense.

§ 9 Amendments to the Terms and Conditions

The provider reserves the right to modify these terms at any time without giving reasons. To be fulfilled by the parties principal obligations will remain unaffected by these changes. If SwingBy Holding BV a valid contact feature, the amended terms shall be notified to registered users in time before its entry into force by email. Should the user of the validity of the new Terms and Conditions within two weeks of receipt of the above notice of change, the amended Terms of Use shall be deemed accepted. The change notification shall include a reference to the possibility and the period of objection and the significance or consequences of not a contradiction.

§ 10 Termination and cancellation

The contractual relationship between the user and SwingBy Holding BV is terminated by either party at any time without notice for any reason. An email to info@swingby.at is efficient.

Deletion of all public contracts awarded by the user comments or ratings for the devices listed in the SwingBy app providers cannot be expected even after termination by the user. Some comments, however, can be deleted from SwingBy Holding BV upon request. Furthermore, SwingBy Holding BV reserves the right to keep any termination of a user account comments and reviews of a user, process and display if they are part of the overall opinion image for a provider. If an account of a user is six months not in use, SwingBy reserves the right to delete these before.

§ 11 Final Determination

All legal relationships between the seller and the customer the law of the Federal Republic of Germany, excluding the UN Sales Convention.

If it is the user is a merchant according to the Commercial Code (HGB), a legal entity under public law or public special assets or has no general jurisdiction in Germany, for all disputes arising from this contractual relationship jurisdiction Dusseldorf.

Additions to the present contract shall be effective only in the specific case, if agreed in writing. As well as writing e-mail, SMS, MMS, fax apply.

There is no automatic storage of these Terms of Use as part of conclusion. Whichever is the currently valid text of the Terms of SwingBy App.

Prior Conditions: March 2015

Privacy and Cookies

SwingBy values your privacy very high. We feel to be strongly committed to respect your data and protect it. We want to give you full transparency about our privacy practices and disclose how we collect your data, store and use it, if you use SwingBy.

When using SwingBy, in particular by creating and using a SwingBy account, you confirm that you accept those listed in the following section privacy and cookies. SwingBy is not responsible for the privacy practices of other web sites, apps and services. Before you connect your SwingBy account to other sites, you should review the privacy policies of these sites, apps or services carefully.

If you do not agree to the Privacy Policy and Cookies, you should not use SwingBy. If you have already registered, you can terminate your account at any time. If something of SwingBy's Privacy Policy and Cookies are not clear, if you have any questions or concerns, or if you want to update, correct or remove your personal information from your profile on our website, do not hesitate to contact us: info@swingby.at or our contact form.

What personal information is used by SwingBy?

If you register on the SwingBy app, you will be asked to create an account. You can create your account manually by filling in your data (such as name, address, phone number, email address, age, gender, place of residence) or you can automatically register using your Facebook account. In the latter case, all data on your Facebook account (and profile picture) can be added or taken to your SwingBy account. Your user account SwingBy allows you to store personal settings to look for suitable service providers to manage appointment bookings, read reviews from other users, and view the (previous) appointment bookings.

To ensure that the platform finds a suitable service provider for you, you will be asked personal information and preferences, such as preferred location, time period and price range indicated.

SwingBy has security measures in order to ensure the safety of your personal information. In addition, the data will be used in compliance with the Dutch Data Protection Act and has a storage period of two years.

Why does SwingBy process your personal information?

  • Create the user account: The platform uses your information to enable you to register with SwingBy, either manually or via a Facebook account. Your data will be used by SwingBy for identification purposes. Via the user account SwingBy allows you to manage your appointment bookings, personal settings, and account settings, and edit.

  • Appointments: The site will use your personal information and preferences to allow you an appointment booking and forwards your booking details to the service they have booked on.

  • Customer service: SwingBy uses your personal information to facilitate customer service.

  • Customer reviews: SwingBy uses your personal information to allow it to write reviews about your service, where you take a service.

  • Marketing activities: SwingBy use your personal information for marketing purposes in the given framework. SwingBy reserves the right to send you a newsletter (if you agreed to this service in your settings) or a survey.

  • Improvements of services: SwingBy reserves the right data for analytical purposes to use to improve the user experience and to improve SwingBy's service.

Sharing information with third parties

    Under certain conditions, SwingBy your personal information to third parties:

  • Service providers: To make your booking, relevant personal information and booking details to be passed on to the relevant service provider. This information can contain (first)name, contact details, age, gender, Facebook profile picture and settings.

  • Connection business: SwingBy uses your mobile number only for the purpose of verification for activating your account.

  • Other networks: when you register through your Facebook account SwingBy, you will share certain personal information with this social network. SwingBy is not responsible for the Facebook network.

Information from other sources

If you sign up via your Facebook account your SwingBy your account will be automatically connected to your Facebook account. Information relating to your SwingBy account can be shared with Facebook, will be posted on your Facebook wall and appear in the "News Feed" field of your friends on Facebook. SwingBy is not responsible for the content or the privacy policies of Facebook.


How and why SwingBy uses Cookies?

Like most interactive apps, SwingBy uses cookies to allow customers to search data for each visit. Cookies are used in some areas of our platform to enhance the functionality and improve the user experience for the user. Storing cookies on your device is an easy and convenient way for us to personalize your visit to our app and to ensure that this visit takes place in a smooth manner.

We may use certain cookies, such as:

  • Technical cookies: These are absolutely necessary to keep our platform running and to allow you to connect you with the right service on our website in advance if Swingby changes to the way how the service works. With changes these cookies, you can also use the pages of our platform with a single login.

  • Function Cookies: This will help us to identify you when you repeatedly visit our platform and helps you stay logged in, and may the choices you have made, such as language, location, etc. or search you entered on the website again retrieve. The use of this type of cookie helps us as much as possible to tailor our services to meet your needs and ensure that you do not lose time, every time you use the platform when entering all data again. If desired, you can delete these cookies via your browser settings.

  • Third -Party cookies: Used by the Facebook, with great links on Facebook every time. We have no control or influence over the use of these cookies and / or any third party use of this, the cookies, the information gathered. We emphasize that apply to the use, the data collected by these cookies, the privacy statements and terms of Facebook.

Manage your cookies

You can change your browser settings and accept cookies or reject it. You can previously installed cookies from your computer or mobile device removed by this privacy settings in your browser settings at any time. Use to find "Help" function in your browser settings needed.

Governing Law and Jurisdiction

The applicable law in these Terms of Use is the Dutch and can only be interpreted in accordance with the laws of the Netherlands. Disputes that will arise from these Terms and Conditions and / or our service assigned to the exclusive jurisdiction of the competent courts of the Netherlands.


By creating an account or by retrieving an existing, enter and confirm that you have read the above terms and conditions and that you understand these terms and agree to be bound by them.

Company Information

SwingBy Holding BV

Address: Jodenstraat 53, 5911 HJ Venlo

E-mail: info@swingby.at

Website: www.swingby.at

KvK-nr: 63153300