User Terms
INTRODUCTION
These Terms are version 1.0 and take effect on 14 September 2026.
Introduction
We are MYMCO OÜ (“MYMCO”, “we”, “us”, “our”), a private limited company registered at Õie tn 6-13, 93818 Kuressaare linn, Estonia. These Guide and Agency Terms and Conditions (“Terms”) govern the use of the MYMCO website (“Website”) at mymcoapp.com, the MYMCO mobile application available on iOS and Android (“App”), the guide/agency dashboard, and any related services (together, the “Services”) by mountain guides, guiding agencies and other professional providers of guided trips (“you”, “your”, “Guide/Agency”). By registering a professional account, listing a trip or otherwise using the Services as a Guide/Agency, you agree to be bound by these Terms, our Privacy Policy and our Community Guidelines, so it is important that you read them carefully before you create a professional account. Individuals who book trips or use the App for self-organised trips (“Users”, “guests”) are subject to our separate user-facing Terms and Conditions (“User Terms”). The commercial rates applicable to you, including the Commission rate (defined in section 9.1) and any other fees payable by you, are displayed to you in the App during onboarding and in your guide/agency dashboard (the “Applicable Rates”). The Applicable Rates form part of these Terms. The rates applicable to a booking are those displayed in the App when the booking is confirmed, and we may change them for future bookings under the change procedure below. You may not list or deliver paid trips until you have accepted the Applicable Rates during onboarding and your professional account has been approved.
These Terms incorporate by reference the Apple Media Services Terms and the Apple End User License Agreement (EULA), to the extent they apply to your use of the App on iOS devices, and the Google Play Terms of Service, to the extent they apply to your use of the App on Android devices.
We may modify or replace these Terms from time to time. Except where a change is required to comply with a legal or regulatory obligation, is necessary to address an unforeseen and imminent danger to the Services, Users or third parties, or is otherwise permitted under Regulation (EU) 2019/1150 on fairness and transparency for business users of online intermediation services, we will notify you of any change on a durable medium at least 15 days before it takes effect, and you may terminate these Terms without charge before the change takes effect. We will keep the previous version available on request so that it can be identified which version applied to a given booking. Your continued use of the Services, or your listing of a trip, after a change takes effect means you accept the updated Terms.
MYMCO operates a two-sided marketplace app available on iOS and Android that (a) matches individual mountaineers, hikers, climbers and ski tourers with each other for self-organised trips, and (b) connects them with independent, vetted mountain guides and guiding agencies for paid, professionally-led trips. MYMCO is a marketplace facilitator and an online intermediation service, not a tour operator, organiser or employer. MYMCO does not organise, lead, supervise or co-deliver any trip. You act as an independent contractor and, as between you and the User, you are the sole provider of the trip and are solely responsible for its delivery, safety, staffing, pricing, equipment, permits and legal compliance. Nothing in these Terms creates an employment relationship, partnership, joint venture, franchise or agency between you and MYMCO, except as expressly set out in section 9.8.
1. Guide/Agency Accounts, Onboarding and Verification
1.1 To list or deliver paid trips through the App you must register a professional Guide/Agency account and complete our onboarding and verification process.
1.2 You must provide, and keep accurate, current and complete: your legal or company name, address, telephone number and email address; if you are a business, your trade register or equivalent registration details and VAT number where applicable; your payment account details; details of any professional qualifications, certifications or memberships relevant to each discipline you offer; and evidence of liability insurance covering your guiding activities.
1.3 You must upload your certifications, insurance and, if you are a company, your business registration for review by our admin team. You may not list or deliver paid trips until your professional account has been approved.
1.4 You must notify us without delay if any qualification, certification, insurance cover, permit or registration expires or is suspended, withdrawn or materially changed, and you must provide updated documents on request. We re-check credentials periodically and on expiry, and we may suspend your ability to list trips until current documents are provided.
1.5 You self-certify that you will offer only trips that comply with applicable law, and that you hold all qualifications, licenses, registrations, permits and insurance required in each country in which you operate.
1.6 You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account, including activity by your employees, subcontractors and any additional guides you add to it. Notify us immediately at help@mymcoapp.com if you believe your account has been compromised.
1.7 We provide the Services with reasonable care and skill, but we do not warrant that the App, Website or dashboard will be available without interruption or free from errors. We may modify, suspend or discontinue any part of the Services, including individual features, and we will give reasonable notice of any discontinuation that materially affects you unless the change is required urgently for security, legal or technical reasons. If a booking has been confirmed, a suspension or discontinuation of the Services does not affect the contract for the trip between you and the User, the User’s refund rights under section 8, or your payout entitlement under section 9.
1.8 You, and each individual guide you deploy on a trip, must be at least 18 years old and legally capable of entering into contracts. You confirm that you use the Services in the course of your trade, business or profession and not as a consumer.
1.9 The App displays to you during onboarding the commercial rates applicable to you, including the Commission rate and the Admin Fee (as defined in section 9.2), and you must confirm that you accept them before you submit your account for review. Those rates, and any change notified to you under the change procedure in the Introduction, remain available to you in your guide/agency dashboard.
2. Professional Conduct and Obligations
2.1 You agree to:
2.1.1 Deliver each trip you accept with the professional care, skill and judgement expected of a qualified mountain guide, and in accordance with the itinerary, group size, inclusions and skill requirements published in your listing;
2.1.2 Comply with all applicable laws and regulations, including without limitation those governing guiding activities, mountain and land access, permits and concessions, transport, health and safety, employment, tax, consumer protection, privacy and anti-spam;
2.1.3 Use your real legal or registered company name on your MYMCO account and profile, and present only qualifications, certifications, memberships and insurance that you actually hold;
2.1.4 Ensure that every individual guide you deploy on a trip holds the qualifications, certifications and insurance appropriate to the discipline, terrain and altitude involved, including any qualifications, licences or authorisations required by law in the country, region or other jurisdiction where the trip takes place, and is adequately fit and competent to lead it;
2.1.5 Maintain your own emergency, incident and evacuation procedures, comply with them, and communicate the relevant elements to participants before departure;
2.1.6 Respond to booking applications, User messages and balance requests within a reasonable time, and keep your listings, prices, inclusions and availability accurate and up to date;
2.1.7 Adhere to our Community Guidelines at all times and treat Users, participants and other members in a safe, inclusive and respectful manner; and
2.1.8 Report to us at help@mymcoapp.com any accident, injury, rescue, evacuation, fatality or other serious incident occurring on a trip booked through the App, as soon as reasonably practicable and in any event within 48 hours.
2.2 You agree not to:
2.2.1 Misrepresent your qualifications, certifications, insurance, experience or identity, or the content, difficulty, duration or inclusions of a trip;
2.2.2 Use the Services for illegal, harmful or fraudulent purposes, or to circumvent the Commission or fees payable under section 9;
2.2.3 Solicit or accept payment for a trip listed on the App outside the App’s checkout, or encourage a User introduced to you through the App to book or pay off-platform, except where an alternative payment method is expressly permitted by us or specified through the App;
2.2.4 Harass, abuse or harm Users or other members, or post or share offensive, misleading or infringing content (see section “Prohibited Content” below);
2.2.5 Transfer, subcontract or reassign a confirmed booking to another guide or agency without informing the participants and us in advance; or
2.2.6 Attempt to interfere with or disrupt the Services, scrape or extract User data, or contact Users obtained through the App for purposes unrelated to their trip.
3. Types of Content
3.1 When using MYMCO, you may encounter or contribute three types of content:
3.1.1 Content you upload or provide (“Your Content”)
3.1.2 Content created or shared by other members (“Member Content”)
3.1.3 Content provided by MYMCO, including text, graphics, software, matching systems, and databases (“Our Content”)
3.2 To protect the MYMCO community, we maintain clear rules on what is and is not acceptable across all forms of content on the platform.
4. Prohibited Content
4.1 Our Community Guidelines (published in the App and at mymcoapp.com, the “Community Guidelines”) form part of these Terms and outline the standards of acceptable behaviour both on and off the App. Our safety guidance published in the App (the “Safety Tips”) is provided for your information and does not form part of these Terms. We may update the Community Guidelines from time to time, and the change-notice provisions in the Introduction apply to material changes in the same way as they apply to these Terms.
4.2 You agree to comply with these Community Guidelines at all times.
4.3 We want Users to express themselves authentically, but certain types of content are strictly prohibited. You may not upload, share, or engage in content that:
4.3.1 Could reasonably be deemed to be offensive or to harass, abuse or cause psychological distress to another person;
4.3.2 Is obscene, pornographic, violent or contains nudity;
4.3.3 Is abusive, threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
4.3.4 Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
4.3.5 Encourages or facilitates any activity that may result in harm to the user or another person, including, but not limited to, promotion of self-harm, eating disorders, dangerous challenges, violent extremism;
4.3.6 Is defamatory or untrue;
4.3.7 Involves or facilitates the transmission of spam;
4.3.8 Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from MYMCO or otherwise;
4.3.9 Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
4.3.10 Was not written by you, unless expressly authorized by MYMCO;
4.3.11 Includes the image or likeness of another person without that person’s consent;
4.3.12 Is inconsistent with the intended use of the Services; or
4.3.13 May harm the reputation of MYMCO or its affiliates, meaning the uploading or sharing of content on the MYMCO platform that is defamatory to MYMCO or its affiliates or advocates misuse of the Service or any service provided by MYMCO’s affiliates.
4.4 Violations may result in content removal, account restrictions, or permanent removal from MYMCO.
5. Your Content
5.1 You are responsible for all content you upload or share on MYMCO, including your public guide/agency profile, your trip listings, itineraries, photographs, price and inclusion information, and the documents you submit during onboarding. Listing content must be accurate, not misleading, and must describe the trip you will actually deliver.
5.2 Your Content must comply with our Community Guidelines at all times.
5.3 By submitting Your Content, you agree to:
5.3.1 only upload information, photos, and other materials you have the right to use;
5.3.2 ensure that what you post does not infringe the rights of others;
5.3.3 accept full responsibility and liability for Your Content;
5.3.4 indemnify and hold MYMCO harmless from any claims related to Your Content.
5.4 You may not include the personal contact details or sensitive personal data of any individual (including your employees, subcontractors or participants) in content visible to other Users, other than the business contact details we are required to display under section 10.2 and any information you are required by law to disclose. Any personal information you choose to share with Users in private messages is at your own risk.
5.5 Because MYMCO is a shared community, Your Content may be visible to Users across the app. Make sure you are comfortable with this visibility before posting.
5.6 By uploading Your Content, you grant MYMCO a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, adapt, reproduce, display, and distribute Your Content in connection with providing, improving, and promoting the app.
5.7 We may assign or sublicense these rights to our affiliates or successors without further approval.
5.8 We are not obligated to store Your Content, so you should keep a backup of anything important.
5.9 To help protect Your Content from unauthorized use outside MYMCO, you authorize us to act on your behalf in addressing infringements, including issuing takedown notices where appropriate.
6. Member Content
6.1 Other Users may upload or share content through the app. Member Content belongs to the User who posted it and is displayed on MYMCO at their direction.
6.2 You do not have the right to copy, use, or distribute Member Content for purposes outside of MYMCO.
6.3 In particular, you may not use another User’s information to:
6.3.1 harass, threaten, stalk, or annoy them;
6.3.2 engage in commercial activity unrelated to a trip booked through the App, including soliciting bookings, payments or future business off-platform;
6.3.3 send spam or unsolicited messages;
6.3.4 violate the law in any way.
6.4 We may suspend or terminate your account if you misuse Member Content.
6.5 Member Content is subject to the applicable copyright laws. If you believe content infringes your rights, you may contact us using the reporting tools in the app.
7. Our Content
7.1 All other content on MYMCO, including text, software, code, graphics, logos, trademarks, algorithms, databases, and design elements, belongs to us or is licensed to us.
7.2 We grant you a non-exclusive, non-transferable, revocable license to access and use Our Content solely for the purpose of using the App and the guide/agency dashboard to list, market and administer your trips as intended.
7.3 You may not:
7.3.1 modify, sell, sublicense or distribute Our Content, or use it for any purpose other than as permitted in section 7.2;
7.3.2 create derivative works from Our Content;
7.3.3 scrape, copy, reverse-engineer, or extract any data from Our Content;
7.3.4 use hidden text, metadata, or tags using our brands or trademarks;
7.3.5 use Our Content for any unlawful purpose.
7.4 All rights not expressly granted remain with MYMCO.
7.5 You may state factually that your trips are listed on MYMCO and, subject to any brand guidelines we provide, use the MYMCO name and logo for that purpose only. You may not register or use any name, domain, trademark or handle that is confusingly similar to ours, and you must stop using our name and logo on termination. We may in turn use your name, logo, listing content and photographs to promote the Services and your trips, in accordance with section 5.6.
8. Listings, Bookings, Cancellations and Refunds
8.1 Each trip booked through the App is provided under a contract concluded directly between you and the User. MYMCO is not a party to that contract. MYMCO’s contract with you is limited to the provision of the Services, namely access to the App and the guide/agency dashboard, exposure of your listings, matching and search functionality, and the facilitation and administration of bookings and payments. The contract for the trip is concluded at the moment MYMCO confirms the booking in the App in accordance with section 9.6, at which point you become bound to provide the trip and the User becomes bound to pay the price.
8.2 A booking is made as follows: the User applies for a trip; you approve or decline the application; the approved User pays through the App’s checkout; and MYMCO confirms the booking. No payment is taken from a User before you have approved the application. By approving an application you make a binding offer to deliver the trip on the terms published in your listing, and you must not thereafter change the price, dates, itinerary or inclusions without the User’s agreement.
8.3 You are solely responsible for the planning, conduct, supervision and safety of each trip, for the accuracy of your listing, and for satisfying yourself that each participant’s declared skill, experience, fitness and equipment are adequate for the trip. If you decline or remove a participant on reasonable safety grounds before departure, the cancellation is treated as a cancellation by you under section 8.7, unless the participant materially misrepresented their experience, fitness or equipment, in which case sections 8.5 and 8.6 apply as if the User had cancelled.
8.4 MYMCO is neither an organiser within the meaning of article 3 (8) nor a retailer within the meaning of article 3 (9) of Directive (EU) 2015/2302 on package travel and linked travel arrangements, does not combine travel services into packages within the meaning of article 3 (2) of that Directive, and does not facilitate linked travel arrangements within the meaning of article 3 (5). Each trip booked through the App is a single travel service provided by you. If you combine your trip with transport, accommodation, car rental or other travel services, you, and not MYMCO, are the organiser of the resulting package and are solely responsible for the resulting obligations, including pre-contractual information duties and insolvency protection. You must inform us before listing any trip that constitutes a package.
8.5 A User may cancel a booked trip by sending an e-mail to help@mymcoapp.com and to you. The refund payable to the User depends on how far before the first day of the trip the cancellation is made, and is subject to the deductions set out in section 8.6. The refunded amount includes the Commission on the refunded portion of the trip price, which MYMCO bears and does not recover from you. The Admin Fee is not refunded. The following refund schedule applies:
8.5.1 60 days or more before the first day of the trip – 100% refund of the trip price;
8.5.2 59 to 30 days before the first day of the trip – 75% refund of the trip price;
8.5.3 29 to 20 days before the first day of the trip – 50% refund of the trip price;
8.5.4 Less than 20 days before the first day of the trip – no refund.
8.6 The following are deducted from the refund payable to the User: any fee clearly disclosed to the User as non-refundable before booking; and your non-reimbursable expenses already incurred (accommodation, permits, staff and porters, food, transport and similar), provided that you declare them to MYMCO at the time of the cancellation request, stating the amount and a short description, and provide supporting evidence on request. Undeclared or unsupported expenses are not deducted. If your expenses already incurred exceed the portion of the trip price the User forfeits under section 8.5, the excess is deducted from the amount otherwise refundable. The total deductions are capped at the amount collected from the User. Any unrecoverable costs beyond this are your responsibility. Amounts deducted in respect of your non-reimbursable expenses are paid out to you. The Admin Fee is retained by MYMCO in all cases.
8.7 If you cancel a confirmed booking as a business decision, the User receives a 100% refund of the trip price, with no deductions. The Admin Fee is not refunded and is retained by MYMCO. MYMCO recovers from you the Commission refunded to the User. Any deposit or other part of the trip price already released to you must be refunded by you directly to the User in accordance with section 8.16, and is not collected from you by MYMCO. This section does not apply to a cancellation by you for weather or other exceptional circumstances, which is governed by sections 8.8 and 8.9.
8.8 If you cancel a trip due to weather or other exceptional circumstances, you must first offer the User a similar alternative, namely an equivalent trip on the same dates, a postponement to alternative dates, or, where neither is feasible, outright cancellation. If the User accepts an alternative, the booking continues on the same commercial terms and the cancellation timeline in section 8.5 does not reset. If the User rejects a reasonable alternative, the standard cancellation terms apply, so that the refund tiers in section 8.5 and the deductions in section 8.6 apply as if the User had cancelled, and the cancellation timeline in section 8.5 does not reset with the alternative offer. If no reasonable alternative is feasible and you cancel outright, the User receives a 100% refund of the trip price, excluding the Admin Fee, and the Commission refunded to the User is borne by MYMCO and not clawed back from you. This applies to genuine force majeure such as landslide, storm or avalanche risk, and equally to any other exceptional circumstance beyond your control that you can evidence under section 8.9.
8.9 Only you may invoke section 8.8. A claim of weather or other exceptional circumstances must be supported by evidence provided at the time of the claim. For weather and mountain conditions: an official weather advisory, avalanche bulletin, park or route closure, or withdrawal of a permit. For any other exceptional circumstance beyond your control: an official notice, order or advisory from a government, regulator or other competent authority. If no adequate evidence is provided, MYMCO may treat the cancellation as a business decision under section 8.7, whether you offered an alternative or cancelled outright.
8.10 You may apply your own booking terms to a trip, covering matters such as equipment, fitness requirements, group size, itinerary changes and on-trip conduct. Any such terms must be made available to the User before booking, must be consistent with these Terms and the User Terms (MYMCO Terms), and must not reduce the cancellation and refund rights set out in this section or any right a User has under mandatory consumer protection law. If your terms conflict with these Terms, these Terms prevail as between you and MYMCO, and the cancellation and refund provisions of this section prevail in respect of bookings made through the App.
8.11 You set the price of each trip. Prices are displayed to Users in EUR regardless of your home currency, and must include all charges you require a participant to pay to you before or during the trip, other than mandatory local payments disclosed under section 8.12. You are solely responsible for determining, charging, declaring and remitting any VAT, tourist tax, permit or park fee or other tax or levy applicable to your trips, and for issuing any invoice or receipt required by law.
8.12 If a trip requires a mandatory local payment on arrival, such as a permit, park or rescue-service fee, you must disclose it clearly in the listing before booking, including the amount and currency. Such amounts sit outside the App’s checkout; MYMCO does not collect them, charges no Commission on them, and accepts no responsibility for their collection.
8.13 If a participant fails to appear at the agreed meeting point, arrives late, or abandons the trip after departure, no refund is due beyond the tiers set out in section 8.5, and you are not required to extend, repeat or reschedule the trip.
8.14 MYMCO logs each cancellation as a business record, recording who cancelled, the stated reason (User, business decision, or weather or other exceptional circumstances), the expenses you declared and the refund actually issued, and monitors cancellation patterns per Guide/Agency. An unusually high proportion of cancellations claimed as weather or exceptional circumstances triggers manual review and may lead to suspension or termination under section 14.
8.15 You authorise MYMCO to withhold, deduct, set off and claw back, from any amounts held for you or payable to you, (a) any refund payable to a User out of amounts MYMCO still holds for that User under section 9.8; and (b) MYMCO’s own claims against you, namely card-processing fees, chargebacks, Commission due under these Terms and any Commission refunded to a User and recoverable from you under section 8.7. This section does not apply to any part of the trip price already released to you, which you must refund to the User directly under section 8.16. MYMCO does not collect those amounts from you, and nothing in this section makes MYMCO the debtor of a User in respect of them or obliges MYMCO to fund a refund out of its own money. If the amounts held are insufficient to cover MYMCO’s own claims under (b), you must pay the shortfall to MYMCO within 14 days of an invoice. Amounts not paid when due bear interest at the statutory rate from the due date until payment, and MYMCO may recover its reasonable costs of collection. MYMCO does not invoice you for, and you do not pay to MYMCO, any amount you owe a User under section 8.16.
8.16 If a refund is due to a User under this section 8 and any part of the trip price has already been released to you, including a deposit released under section 9.5, you must repay that amount. This applies however the refund arises, including a cancellation by the User, a cancellation by you as a business decision, a cancellation treated as a business decision under section 8.9, your failure to deliver a confirmed trip and other relevant situations described in these Terms. The amount is payable by you directly to the User, to the refund details the User provides, within 14 days of the refund becoming due. MYMCO does not receive, hold or pay the amount on your behalf, and your obligation is discharged only when the User has received it. MYMCO may act as intermediary, including by notifying you that a refund is due, passing the User’s refund details and your payment confirmation between you and the User, and recording the refund in your payment ledger. If you do not pay the User, the User’s claim in respect of the amount lies against you under the contract for the trip. MYMCO does not collect the amount from you and does not become liable to the User for it, but may provide the User with your identification and contact details, the booking and refund record, and any related evidence the User needs in order to pursue the claim. If you fail to refund the User when due, MYMCO may suspend your listings and your ability to receive bookings until the refund has been made, and may suspend or terminate your account under section 14. Any interest or costs arising from late payment are a matter between you and the User. Your obligation under this section survives termination of these Terms and closure of your account.
8.17 You have final authority on safety decisions during a trip. You may remove a participant from the trip after departure if their behaviour endangers themselves or another person, including where the participant is under the influence of alcohol or drugs, repeatedly disregards safety instructions, or is evidently unable to continue the route safely. Removal must be proportionate to the risk and, where the circumstances reasonably allow, preceded by a warning. You must bring the participant, or arrange for the participant to be brought, to a place of reasonable safety, and must notify MYMCO of the removal and its grounds without undue delay.
8.18 If a participant is removed from a trip under section 8.17, no refund is due and you are not required to extend, repeat or reschedule the trip. Any costs of the participant’s descent, transport, accommodation or evacuation following the removal are the participant’s responsibility, except to the extent they arise from your own act or omission. Nothing in this section affects any right a User has under mandatory consumer protection law.
9. Commission, Fees, Payments and Payouts
9.1 In consideration of the Services, MYMCO charges a commission at the Commission rate displayed to you in the App during onboarding and in your dashboard, applied to the trip price, for each booking made through the App (the “Commission”). The Commission is calculated on the full trip price, excluding the Admin Fee, is charged at the time of booking, and is deducted from the amounts otherwise payable to you.
9.2 A separate administration fee (the “Admin Fee”) is added to the User’s checkout total. The Admin Fee is set by MYMCO, is shown to the User in the App as a separate line before the User completes the booking, and is included in the checkout total the User confirms. MYMCO may vary the Admin Fee from time to time, and the amount applicable to a booking is the amount displayed to the User in the App at the time that booking is made. The Admin Fee is not charged to you and is not deducted from the trip price. The Admin Fee is the consideration payable to MYMCO by the User for the marketplace services MYMCO provides to the User, is charged and retained by MYMCO in its own name and for its own account, does not form part of the trip price payable to you, and is shown to the User at checkout as a separate line. The Admin Fee is non-refundable in all cases, whoever cancels and for whatever reason.
9.3 MYMCO absorbs the payment processor’s card-processing fee out of its Commission on completed trips. If a booking is cancelled by you, the card-processing fee incurred on the original payment and on the refund is recovered from you, irrespective of the reason for the cancellation, by set-off against your payouts in accordance with section 8.15.
9.4 The User pays either (a) the full checkout total at booking, or (b) where the trip is booked at least 60 days before departure, a deposit of 30% of the checkout total at booking, with the remaining 70% balance payable 45 days before departure. If a deposit is paid, MYMCO deducts its full Commission, calculated on the total trip price, from that first payment rather than proportionally across instalments.
9.5 If the User pays a deposit, the deposit, less the Commission, is released to you following confirmation of the booking. The 70% balance is held by MYMCO and released to you 2 days after the trip has begun. If the User pays the full checkout total at booking, the whole of your share, less the Commission, is held by MYMCO and released to you 2 days after the trip has begun. Amounts are held on this basis to protect Users where a Service Provider fails to commence or provide the booked trip, including in the event of a no-show or last-minute cancellation. Once the trip has departed and that 2-day period has elapsed the amount held is released to you, subject only to any deduction, set-off or claw-back applied under section 8. The amounts are held and paid out to you in accordance with section 9.7, and the payout schedule applicable to you is confirmed to you during onboarding and shown in your dashboard. Mandatory local payments disclosed under section 8.12, including any that can only be paid in cash on arrival, sit outside the App’s checkout and are neither held nor released by MYMCO. If another release schedule has been agreed with us in writing, that schedule applies instead.
9.6 Once MYMCO has received the User’s payment, whether the deposit or the full price, the booking is deemed confirmed, MYMCO confirms it to the User in the App, and the trip is binding on you. This applies irrespective of the fact that funds are released to you only at a later date under sections 9.5 and 9.7, and does not affect the User’s cancellation and refund rights under section 8. In case the User fails to pay the balance at least 38 days before departure, the booking will be cancelled automatically, and the deposit will be forfeited to you.
9.7 The User pays through the App’s checkout, and the amounts are held as described in section 9.8 until released. Your share is then paid out to the payout account you have registered with MYMCO, by such method and through such payment providers as MYMCO uses from time to time. The payout account must be held in your own legal or company name, and MYMCO may decline to pay out to an account held by a third party. If a payout is delayed, returned or misdirected because the details you supplied were incorrect, incomplete or out of date, any resulting loss and bank charges are borne by you, the release is treated as validly made for the purposes of section 9.8, and MYMCO is not required to pay the amount a second time. MYMCO may hold a payout until you have supplied the details required under section 1.2 and MYMCO has verified them. Release timing follows section 9.5. Transfer and currency-conversion costs are borne by you unless we agree otherwise in writing, and MYMCO is not liable for exchange-rate movements or for delays attributable to banks, correspondent banks or local payment infrastructure.
9.8 MYMCO temporarily holds the amounts paid by the User and releases them to you in accordance with sections 9.5 and 9.7, in order to help ensure that the booked trip takes place as planned. Wherever the amounts are held, they are held for the account of the User and to MYMCO’s order, are not at your disposal, and cannot be claimed or withdrawn by you until MYMCO instructs their release. You authorise MYMCO to give the instructions necessary to hold and release the amounts, including where they are held in an account with MYMCO’s payment processor that is registered in your name. In doing so, MYMCO acts as the commercial agent of the User only, authorised to negotiate and conclude the purchase of the trip from you on the User’s behalf and to receive, hold and transfer the amounts paid solely on the User’s behalf. MYMCO does not act as your commercial agent, representative or collection agent. Until MYMCO releases the funds, the amounts held remain attributable to the User, any refund due under section 8 is settled out of those amounts, and the User’s payment obligation towards you is discharged only when MYMCO releases the funds.
9.9 The amounts held under section 9.8 are not a deposit, do not constitute electronic money and do not bear interest for you or for the User.
9.10 Because MYMCO acts as a commercial agent on behalf of only one party, the payment transactions described in this section fall within the exclusion set out in article 3 (b) of Directive (EU) 2015/2366 (PSD2), and accordingly outside the scope of that Directive and of the Estonian Payment Institutions and E-money Institutions Act. MYMCO is not a payment institution, an e-money institution or a payment service provider and does not provide payment services to you.
9.11 MYMCO makes available in your dashboard a per-trip payment ledger showing amounts collected from Users, Commission deducted, amounts held, deductions and claw-backs applied under section 8, and payouts made to you. You are responsible for issuing to the User any invoice or receipt required by law, and for your own accounting, bookkeeping and tax obligations in respect of the trip price. MYMCO will make available a statement for the Commission and any amounts recovered from you.
9.12 We may change the Commission rate, the Admin Fee and the payment and payout schedules, for future bookings by giving you notice in accordance with the change procedure in the Introduction. Rates and schedules applicable to bookings already confirmed are not affected.
9.13 The Commission follows the trip price. Wherever the User is entitled to a refund, the Commission on the refunded portion of the trip price is refunded to the User as part of that amount, so that the Commission is refunded in the same proportion as the trip price: where the User receives a 75% refund of the trip price, 75% of the Commission is refunded, and where no refund of the trip price is due, no Commission is refunded. If the User cancels under section 8.5, MYMCO bears the refunded Commission and recovers nothing from you. If you cancel as a business decision under section 8.7, including a refusal of a participant on safety grounds under section 8.3 and a cancellation treated as a business decision under section 8.9, the User is refunded the Commission in full and MYMCO recovers that amount from you by set-off against your next payout or, where there is no available or sufficient payout, by invoice. If you cancel under section 8.8 on evidenced weather or other exceptional circumstances, the User is likewise refunded the Commission, but MYMCO bears it and does not claw it back from you.
10. Platform Obligations, Trader Information and Moderation
10.1 MYMCO is a provider of an online platform within the meaning of Regulation (EU) 2022/2065 (the Digital Services Act) and a provider of online intermediation services within the meaning of Regulation (EU) 2019/1150. This section sets out how we handle illegal content, trader information, moderation decisions and complaints.
10.2 Before you may offer trips through the App, you must provide, and we take reasonable steps to verify, your identification details, including your name, address, telephone number, email address, payment account details, trade register or equivalent registration details where applicable, and a self-certification that you will offer only trips complying with applicable law. You confirm that this information is accurate and complete, and you must correct it without delay if it changes. We display your identity and business contact details in the App so that Users know who their counterparty is before they book. If you fail to provide or correct this information, we will suspend your access to the App until you do.
10.3 Users and third parties may notify us that content or a trip offered through the App is illegal, and you may do the same using the in-app reporting tools or by email to help@mymcoapp.com. We assess each notice in a timely, diligent and non-arbitrary manner. If a notice concerns your profile, listing or trip, we will inform you of our decision and the reasons for it, and give you the opportunity to respond, except where doing so would prejudice the prevention or investigation of a criminal offence.
10.4 If we remove your content, restrict the visibility of your profile or listings, suspend or terminate your account, restrict or withhold payouts, or suspend a booking, we will give you a statement of reasons explaining the ground for the decision and how it may be challenged. If we restrict, suspend or terminate your account, we will provide the statement of reasons before or at the time the measure takes effect, and, in the case of termination, at least 30 days before it takes effect, except where we are subject to a legal or regulatory obligation, we act on compelling grounds relating to legality or safety, or you have repeatedly breached these Terms. You may contest any such decision free of charge for at least six months by writing to help@mymcoapp.com. We operate this as our internal complaint-handling system within the meaning of Regulation (EU) 2019/1150, review complaints under human supervision, and reverse the decision where the complaint is well founded. This does not affect your right to bring the matter before a court or to seek mediation under section 15.
10.5 If we become aware that a trip or service offered through the App was illegal, we will inform affected Users who booked it in the preceding six months of the illegality, the identity of the Guide/Agency concerned and any available means of redress, where we hold their contact details.
10.6 We moderate content and listings on the basis of these Terms and our Community Guidelines. Decisions may be taken with the assistance of automated tools, always subject to human review on request under section 10.4.
10.7 Before you may list trips, we carry out the following checks: (a) verification of your identity and, where you are a business, your registration in the relevant commercial register; (b) review of the professional qualifications, certifications or memberships you present for the disciplines you offer; and (c) confirmation that you have declared holding liability insurance covering your guiding activities. We may also take into account User reports and reviews, and we re-check credentials periodically and on expiry. You must cooperate with these checks and ensure that every document and declaration you submit is genuine, current and complete.
10.8 Our checks are limited to verifying the documents and declarations presented to us at the time of review, including confirming that any certification, license or insurance policy you submit is currently valid and has not expired at that time. They are not, and must not be presented by you as, an assessment or guarantee of your competence, judgement, fitness or conduct on any given trip, or of the continuing validity of your qualifications or insurance. It remains your responsibility to hold current, valid documentation at all times and to notify us promptly of any lapse, non-renewal or change in accordance with section 1.4. References in these Terms or in our marketing to guides being “vetted” mean only that the checks described in this section have been carried out. “Vetted” does not constitute an endorsement, assessment or guarantee of a guide’s competence, judgement, fitness or conduct, or of the continuing validity of any qualification, licence or insurance. Nothing in our checks relieves you of any of your obligations or transfers any part of your responsibility for a trip to MYMCO.
10.9 Licensing and certification requirements for guiding vary significantly by jurisdiction, activity and terrain. It is your sole responsibility to hold, maintain and comply with any and all licenses, permits, certifications and insurance required by the laws and regulations applicable in the location or locations where you operate. We do not independently verify whether a given jurisdiction legally requires certification for a particular activity, and the absence of a mandatory certification requirement in one region does not indicate, and must not be presented by you as indicating, a lower standard of vetting generally.
11. Ranking and Recommender Systems
11.1 MYMCO uses matching algorithms to help Users find compatible partners, groups and trips, and to determine the order in which trips and guide/agency profiles are presented to Users.
11.2 The main parameters determining the ranking of your listings and profile, and their relative importance, are: the activity types and disciplines of the trip and the User’s stated interests; the skill and experience level required compared with that stated by the User; the dates of the trip and the User’s stated availability; the location and geographic area of the trip compared with the User’s location and search; the correspondence with the User’s stated objectives; and, as secondary factors, the completeness and accuracy of your listing and profile, your verification status, your responsiveness to applications and messages, and your ratings and reviews. Correspondence of activity type, skill level and dates weighs most heavily, followed by location and stated objectives, with the secondary factors used to differentiate between otherwise comparable listings.
11.3 We do not offer paid placement and no direct or indirect remuneration influences ranking. You can improve the visibility of your listings only by keeping them complete, accurate and up to date, responding promptly to applications and messages, and maintaining good ratings. You can learn more about how we process data and use algorithmic recommendations in our Privacy Policy.
12. Data Protection
12.1 MYMCO processes personal data relating to you and your personnel as a controller for the purposes of operating the Services, verifying your credentials, administering bookings and payments, and complying with its legal obligations, as described in our Privacy Policy. By using the Services you agree that we may process such data in accordance with that policy, and you must make our Privacy Policy available to any individual whose data you provide to us.
12.2 In respect of the personal data of participants that you receive through the App, including their names, contact details, stated experience and any health, dietary or emergency-contact information they choose to share, you act as an independent controller. You are responsible for complying with Regulation (EU) 2016/679 (GDPR) and applicable national law, including having a lawful basis for your processing, informing participants, keeping their data secure, observing storage limitation and honouring their rights. MYMCO does not act as your processor and you do not act as MYMCO’s processor.
12.3 You may use participant data only for the purposes of delivering the trip they booked, complying with your legal obligations and handling any related claim. You may not use it for marketing, add it to a mailing list, or disclose or transfer it to a third party without the participant’s consent, other than to sub-suppliers strictly necessary to deliver the trip and subject to equivalent obligations.
12.4 You must notify us without undue delay, and in any event within 48 hours of becoming aware, of any personal data breach affecting data obtained through the App, and cooperate with us and with any supervisory authority or participant exercising their rights in relation to it.
13. Liability, Insurance and Indemnity
13.1 MYMCO is a platform for connecting climbers, mountaineers and other outdoor enthusiasts with each other and with independent guides and agencies. While we provide tools designed to encourage transparency, honesty and safer connections (such as detailed profiles, verification badges and reporting features), we do not verify any User’s background, actual skills, fitness or behaviour, and our checks on you are limited to those described in section 10. You are solely responsible for assessing the suitability of each participant for the trips you deliver.
13.2 To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenues, bookings, business, goodwill or anticipated savings, whether incurred directly or indirectly, arising out of or in connection with your use of the Services, including any unavailability of the App, loss of listing visibility or delay in a payout.
13.3 Climbing, mountaineering, hiking, ski touring and other outdoor activities involve inherent risks, including injury or death. You are solely responsible for the planning, conduct, supervision and safety of every trip you deliver, for holding all qualifications, licences, permits and insurance required by applicable law, and for compliance with local access, safety and rescue rules. MYMCO is not responsible for any accident, injury, loss or damage occurring on or in connection with a trip, whether guided by you or self-organised by Users.
13.4 MYMCO does not provide, coordinate or fund emergency response, search, rescue, evacuation or medical assistance. You are responsible for emergency, incident and evacuation procedures before, during and after each trip, and for ensuring that the costs of search, rescue, evacuation, medical treatment or repatriation are covered by you, by the participant or by insurance.
13.5 You must report to us at help@mymcoapp.com any accident, injury, rescue, evacuation, fatality or other serious incident occurring on a trip booked through the App, as soon as reasonably practicable and in any event within 48 hours, and cooperate with any enquiry we make and with any authority investigating it. Reporting helps us apply these Terms and our Community Guidelines, and does not create any obligation on MYMCO to provide assistance, compensation or indemnity.
13.6 To the fullest extent permitted by applicable law, MYMCO’s total aggregate liability to you arising out of or in connection with these Terms and your use of the Services in any 12-month period shall not exceed the greater of (a) the total Commission actually retained by MYMCO in respect of your bookings in the 12 months preceding the event giving rise to the claim, and (b) EUR 500 (five hundred euros). This limitation applies to MYMCO’s own liability as provider of the Services and does not limit, assume or affect your liability towards Users under the contract for the trip, for which you are solely responsible.
13.7 You must hold and maintain, at your own cost, professional indemnity and public liability insurance appropriate to the activities, terrain, altitudes and group sizes you offer and valid in each country in which you operate, with cover extending to every trip you list through the App. You must verify the scope of your cover, provide evidence of it on request, and notify us immediately if it lapses, is reduced or is withdrawn, in which case your right to list or deliver trips is suspended until valid cover is in place. MYMCO does not provide any insurance.
13.8 Nothing in these Terms excludes or limits MYMCO’s liability where such exclusion or limitation is not permitted by applicable law, including liability for death or personal injury caused by MYMCO’s negligence, for intentional misconduct or gross negligence, or for any other liability that cannot lawfully be excluded or limited.
13.9 You will indemnify and hold harmless MYMCO, its affiliates and their directors, employees and agents against all claims, demands, proceedings, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your delivery, alteration or cancellation of any trip; (b) death, personal injury or damage to property occurring on or in connection with a trip; (c) your breach of these Terms or of applicable law, including guiding, permit, transport, health and safety, employment, tax, package travel and data protection law; (d) any inaccuracy in your listings, profile, qualifications, certifications or insurance declarations; and (e) any claim by a participant or authority that should properly be directed at you as provider of the trip.
13.10 You are responsible for chargebacks, payment disputes and processor penalties attributable to a trip you delivered, altered, cancelled or failed to deliver, and MYMCO may recover those amounts, together with any associated processor fee, from you in accordance with section 8.15.
14. Suspension and Termination
14.1 You may terminate these Terms and close your professional account at any time by written notice to help@mymcoapp.com, or through the app by following the Account Deletion instructions, provided that you have first discharged your obligations in respect of any confirmed booking.
14.2 If you have confirmed bookings that have not yet taken place, terminating these Terms or closing your account does not cancel those bookings or the contracts for the trips. You must either deliver those trips or cancel them, in which case section 8.7 applies and MYMCO may recover card-processing fees and refunded amounts from you under section 8.15.
14.3 We may restrict, suspend or terminate your account, a listing or your ability to receive bookings where you breach these Terms, where your qualifications, registrations or insurance lapse or are withdrawn, where we consider on reasonable grounds that there is a risk to the safety of Users, where required by law, or for other legitimate reasons. We will give you a statement of reasons and, in the case of termination, notice in accordance with section 10.4. We may withhold payouts while we investigate a suspected breach, fraud or safety concern, for as long as is reasonably necessary, and will release any amounts not required to fund refunds, claw-backs or claims once the investigation concludes.
14.4 Upon termination, your right to use the Services will end, but the provisions of these Terms that by their nature should survive will continue to apply, including sections 5 to 9 in respect of bookings already confirmed, section 8.15 (set-off and claw-back), section 12 (data protection), section 13 (liability, insurance and indemnity), section 15 (governing law and dispute resolution) and section 16 (general).
15. Governing Law & Dispute Resolution
15.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15.2 We would like to resolve any problem directly, so please contact us first at help@mymcoapp.com and we will try to reach a solution with you.
15.3 Complaints about the Services, our decisions or our invoicing may be submitted to our internal complaint-handling system by writing to help@mymcoapp.com. We will handle complaints promptly and effectively, take into account their importance and complexity, and communicate the outcome to you in plain language.
15.4 In accordance with Regulation (EU) 2019/1150, we are willing to attempt to resolve any dispute concerning the Services in good faith through mediation. Mediation does not affect either party’s right to commence court proceedings before, during or after it.
15.5 Any dispute not resolved under sections 15.2 to 15.4 shall be resolved by the Harju County Court as the court of first instance.
16. General
16.1 Neither party is liable for any failure or delay in performing its obligations under these Terms to the extent caused by an event beyond its reasonable control, including natural events, adverse weather, avalanche or rockfall, epidemic, war, civil unrest, strike, failure of telecommunications or infrastructure, or an act of a public authority. This does not affect the cancellation and refund provisions of section 8, which govern the consequences of a cancelled trip as between you, the User and MYMCO.
16.2 We may transfer our rights and obligations under these Terms to another entity, for example in connection with a reorganisation, merger or sale of our business, provided that this does not reduce your rights under these Terms. We will notify you if this happens. You may not transfer your rights or obligations under these Terms without our prior written consent.
16.3 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be severed to the minimum extent necessary and the remaining provisions shall continue in full force and effect.
16.4 We will send notices to you at the email address associated with your account or by notification in the App. You may send notices to us at help@mymcoapp.com. A notice is deemed received on the day it is sent, or on the next working day if sent outside our normal working hours.
16.5 These Terms, together with the Applicable Rates, Privacy Policy and Community Guidelines, constitute the entire agreement between you and MYMCO in relation to the Services and supersede any prior arrangement or representation. This does not exclude liability for any statement made fraudulently.
16.6 Our failure or delay in enforcing any provision of these Terms does not waive our right to enforce it later.
16.7 You act as an independent contractor. Nothing in these Terms creates an employment relationship, partnership, joint venture, franchise or agency between you and MYMCO, save for the limited commercial agency of the User described in section 9.8. You have no authority to bind MYMCO or to make any representation on its behalf.
16.8 These Terms are non-exclusive. Nothing prevents you from offering your trips through other channels, at other prices, or from working with other platforms, provided that every trip listed on the App is honoured on the terms published in the listing.
17. Contact Us
17.1 If you have any questions about these Terms or want to resolve a complaint regarding the Services, please contact us at help@mymcoapp.com.
