📃 Terms and Conditions of Here Sharing

These Terms and Conditions of Use (“Terms and Conditions“) establish the conditions under which users are provided access to the website and mobile application “Hand Up” by “Here Sharing” (collectively, the “Platform“). The Platform is a platform that facilitates communication between a user offering their professional services (“Owner User“) and a user interested in hiring such services (“Client User“). We refer to the “Final Service” (or “Final Services” in plural) as the service offered by the Owner User and contracted by the Client User through the Platform.

The use of the Platform by any user implies full acceptance of all these Terms and Conditions by that user, whether Owner User or Client User.

In the event of disagreement with all or part of these Terms and Conditions, the Owner User or Client User must refrain from installing and/or using the Platform.

By installing and/or using the Platform, you accept these Terms and Conditions and declare:

1. That you have read these Terms and Conditions and that you understand and comprehend their contents.
2. That you assume all obligations set forth herein.
3. That you are of legal age and have sufficient legal capacity to use the Platform and offer, provide, and/or contract the Final Services.

1. Service Provider

The Platform is owned, managed, and operated by Here Sharing, S.L. (“Here Sharing“) with VAT number B10989291, located at Calle Serrano 207, Madrid, and registered in the Commercial Registry of Madrid, Volume 43874, Book 0, Folio 144, Section 8, Sheet 774225.

Here Sharing acts as a mere intermediary between the Owner User and the Client User and is not responsible for the content of the Final Services offered by Owner Users to Client Users, which the latter contract through the Platform. For more information, please refer to the sections “How does the Platform work?”, “Mediation“, and “Disclaimer of responsibilities regarding the use of the Platform” in these Terms and Conditions.

2. How does the Platform work?

Through the Platform, an Owner User will register, advertise, and provide a specific service.

The Platform enables you, as a Client User, to access the various services offered by Owner Users through the Platform and freely hire any of them.

Here Sharing acts as a mere intermediary between the Owner User and the Client User, and is in no way responsible for the development and outcome of the Final Service contracted by the Client User through the Platform. Thus, only the Owner User is responsible for the services offered through the Platform and their proper provision.

In addition to providing access to the Platform, Here Sharing may occasionally provide management and assistance services associated with it, such as mediation services in any content-related claims or control services (following a complaint from any user or interested third party) of the content offered and made available through the Platform. On such occasions, Here Sharing may provide the following management and assistance services:

1. Facilitating clients’ access to services (both within the Platform and by indexing them on search engines).
2. Processing the reservation and payment of Final Services by Client Users.
3. Generating a PDF invoice in favor of the Owner User for the amount of the service provided to the Client User. For more information, please refer to the section “Invoicing and taxation of the Final Service“ in these Terms and Conditions.
4. Providing Client Users and Owner Users with a summary of the video calls through which the Final Service is conducted.
5. Providing Client Users and Owner Users with the technical infrastructure for the Final Service to be provided correctly. In particular, these IT resources will provide access to a video call and a chat where Client Users and Owner Users can communicate easily, ensuring that the Final Service is concluded without interference.

The provision of these associated services by Here Sharing does not imply assuming any responsibility associated with them or exempting users from their full responsibility to comply with the applicable regulations and these Terms and Conditions.

Here Sharing does not provide tax or accounting advice to Owner Users for the transactions carried out through the Platform. Instead, Owner Users are responsible for correctly invoicing the services they offer and that are contracted through the Platform.

Additionally, please note that during the provision of a Final Service by an Owner User through the Platform, they may express their opinions. Therefore, to the extent permitted by applicable law regarding the Final Service, the Owner User is not responsible for the opinion expressed regarding the Final Service, nor for the decisions that a Client User makes based on such opinions and the possible effects of those decisions.

For more information, please refer to the sections “Mediation“, “Disclaimer of responsibilities regarding the use of the Platform“, and “Invoicing and taxation of the Final Service” in these Terms and Conditions.

3. Registration Requirement

To use the Platform, registration is necessary. The first time you register on the Platform, you do so as a Client User, and you may later become an Owner User if you offer and advertise a specific service through the Platform. To register as a Client User, you must do so through the method (or alternative methods) enabled for that purpose on the Platform at that time (filling out a form, using your third-party social media account, etc.). To subsequently become an Owner User, you must complete the additional registration process enabled for that purpose on the Platform and provide all the information and documentation requested by Here Sharing. Here Sharing reserves the right to request additional information or documentation from users of the Platform at any time.

By registering, you agree to these Terms and Conditions, the Privacy Policy, and the Cookie Policy.

The data you enter during the registration process must be accurate, current, and truthful. You are responsible for accessing and/or using the Platform in connection with your account and will be responsible in any case for any access to and/or use of the Platform through your account.

By accepting the Terms and Conditions, as a Client User, you consent to your data becoming part of Here Sharing’s files. The processing of this data will be carried out in accordance with the provisions of data protection regulations and the Privacy Policy.

4. Price and Payment Method

The price of the Final Service will be displayed on the Platform as the price of the Final Service and will be accepted by the Client User for the provision of the corresponding Final Service (“Price“). An Owner User may provide the same service under different tariff types. The Platform will outline the differences between contracting the Final Service at one Price or another (these differences may relate to duration, features, or cancellation policies) As a general rule, Final Services will be offered and provided under three distinct types of rates (“Basic“, “Recommended“, and “Customized“) depending on the guaranteed duration:

1. Basic Rate: The Final Service will have a duration intermediate between the minimum duration and the recommended duration set by the Owner User based on their availability. Once the Final Service is contracted under this rate, the amount corresponding to the Price for the recommended duration will be blocked on the Client User’s card. However, the Price ultimately charged will correspond to the actual minutes the Final Service lasts, charging at least the price corresponding to the minimum duration set by the Owner User. Optional minutes between the minimum and recommended duration are subject to the Owner User’s availability.
2. Recommended Rate: The duration of the Final Service will be as recommended by the Owner User for said service, and the Price will correspond to the recommended duration. he Owner User will be available for the entire recommended duration.
3. Customized Rate: The duration of the Final Service will be selected by the End User, with a maximum time limit of 120 minutes (two hours). The Price will correspond to the duration selected by the End User. The User Owner must be available throughout the duration of the Final Service contracted by the Client User.

The Platform will detail the characteristics of each rate for each Final Service before such specific service is contracted by a Client User.

In particular, the Price already includes (i) the commission due to Here Sharing for the provision of the services described in these Terms and Conditions and (ii) the tax obligations (such as VAT, sales tax, or similar) that the User Owner is required to charge for the provision of the Final Service.

Here Sharing has the authority to determine and set unilaterally and at its sole discretion the commission it will charge for each Final Service contracted through the Platform.

The User Owner may provide the Final Service from a country with a national currency different from the Euro, reflecting the Price of said service on the Platform in the national currency of the User Owner’s country of origin.

In the event that the Price is paid by the Client User in a specific national currency other than the Euro, Here Sharing will refer to a public information source to determine the applicable exchange rate, which will be reflected on the Platform. However, the Final Service will be contracted in the national currency established by the User Owner for that specific service. As this information comes from a third party unrelated to Here Sharing, Here Sharing will not be liable for any inaccuracies, errors, or inaccuracies.

For payment of the Price, Here Sharing will redirect Client Users to the payment gateway managed by STRIPE PAYMENTS EUROPE, LTD (“Stripe“). Stripe, or any entity in its group managing the corresponding payment gateway, will be solely responsible for conducting the necessary procedures with the End User to verify the validity of the payment transaction.

Payment processing services for Client User accounts are provided by Stripe and are subject to the Stripe Connected Accounts Agreement, which includes the Stripe Terms of Service (together, the “Stripe Services Agreement”). By accepting these terms or continuing to operate as a Client User of Here Sharing, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. In order for Here Sharing to enable payment processing services through Stripe, the Client User agrees to provide Stripe with accurate and complete information about themselves as required, and authorizes Here Sharing to access such information and to process information related to their use of payment processing services provided by Stripe.

On the 25th of each month, Here Sharing will instruct Stripe to transfer the balance from the User Owner’s wallet to the bank account designated by the User Owner. The balance corresponding to the Final Services provided in the 7 days prior to the 25th of that month will not be included in said monthly transfer, but will be transferred to the following month. In the event of a dispute over the Price paid by the Client User for the services provided by the User Owner and Stripe economically impacts the Price to Here Sharing, Here Sharing reserves the right to pursue the User Owner for the Price, as well as any damages resulting from such claim.

5. In accordance with the above, the payment method used on the Platform (Stripe) implies that Here Sharing does not provide an escrow service (in the sense that the money never passes through Here Sharing or is held by it), and that Here Sharing does not act as an intermediary in the payment of the Price for the Final Services. Payment data provided by the Client User during the payment of the Price will not be processed or stored by Here Sharing, but by Stripe. Here Sharing will store and use the data of the User Owners and the Client Users that are strictly necessary for the issuance of the Invoices. Invoicing and Taxation of the Final Service

Once the Final Service is concluded, Here Sharing will create an invoice in favor of the User Owner for the service provided to the Client User (the “Invoice“).

The calculation of the taxes and/or withholdings to be applied reflected in the Invoice is carried out by the company Recrea Systems, S.L.U., with Tax ID B35635648 and registered office at Calle Bravo Murillo 34, Las Palmas (Spain) (“Quaderno“).

Neither Quaderno nor Here Sharing act as tax or accounting advisors to the User Owners regarding the Final Service carried out through the Platform, and as such assume no responsibility for the accuracy and correctness of the taxes and/or withholdings reflected in the Invoice or applicable.

The User Owner, as the provider of the Final Service, is solely responsible for reviewing the Invoice and verifying that the taxes reflected therein are calculated correctly.

Initially, Here Sharing will create and send the User Owner a draft of the taxes on the Invoice for review by the User Owner. If the User Owner is not satisfied with any detail of the draft taxes, it must modify it in the system within three calendar days following the creation of the draft taxes so that Here Sharing can modify it without such modification incurring an additional cost to the User Owner. If no notification is received from the Client User within three calendar days following the creation of the draft, the final Invoice will be generated. If such communication is made after the three days following the creation of the draft, the modification must be made manually, and Here Sharing will pass on to the User Owner the costs of the modification.

Here Sharing is exempt from any liability arising from the issuance of the Invoice and, in particular, shall not be liable for any inaccuracies or errors in the calculation of the taxes reflected in the Invoice and arising from the provision of services by the User Owners through the Platform.

6. Cancellation and Refund Policy

If a Client User cancels a Final Service already booked with a temporal margin of less than 24 hours, they will lose 100% of the amount corresponding to the guaranteed minimum duration. For more information on the guaranteed minimum duration, please refer to the “Price and Payment Method” section of these “Terms and Conditions“.

7. Prohibited Uses of the Platform

The Platform is subject to the applicable legislation in Spain. The Client User and the User Owner undertake to use the Platform in accordance with these Terms and Conditions, the applicable legislation in Spain, morality, public order, and these Terms and Conditions. By way of illustration and in no case limiting or excluding, the following actions are prohibited:

1. Registering on the Platform with inaccurate data or impersonating the identity of a third party, or using data obtained through the Platform to illicitly benefit from the identity of a third party.

1. Offering, requesting, demanding, or providing illicit services through the Platform or that go against morality or public order or in any other way promoting the provision of illicit services or the sale of illicit goods.
2. Offering and publishing advertisements related to services that require the registration of the Provider in a Professional Association without the Provider being duly registered in the corresponding Professional Association.
3. Offering and publishing advertisements related to services that require ownership of a license, certification, or similar authorization, without having the proper license, certification, or authorization.
4. Offering and publishing advertisements related to financial services, the sale of physical goods, or the provision of a service different from the service offered on the Platform and contracted by the Client User.
5. Offering, requesting, demanding, or providing sexual, violent, or hate-inciting services through the Platform.
6. Offering, requesting, demanding, or providing services through the Platform involving any type of illegal activity under Spanish legislation, as well as the legislation of the country in which the Client User or User Owner is domiciled.
7. IIntroducing or disseminating in the Platform content or propaganda of illicit content (including, among others, content of a racist, xenophobic, pornographic, terrorism-apologizing, armed conflict-promoting, hate-inciting nature,or that infringes on human rights, fundamental rights, and public freedoms constitutionally recognized and in international treaties) or content that violates applicable regulations (including, but not limited to, regulations related to advertising and marketing of products and services).
8. Spreading, transmitting, or making available to third parties any type of information, element, or content that constitutes illicit or unfair advertising, as well as false, misleading, ambiguous, or inaccurate content that may induce or may induce error to the recipients of the information.
9. Spreading, transmitting, or making available to third parties any type of information, element, or content without the authorization of the holders of the intellectual and industrial property rights that may fall on such information, element, or content.
10. Spreading, transmitting, or making available to third parties any type of information, element, or content that constitutes a violation of communication secrecy and personal data legislation.
11. Using any technical, analytical, or technological resource by which any person may benefit from the content and functions of the Platform, directly or indirectly, with or without profit.
12. Performing web scraping or any data extraction technique or information from the Platform and its content, or any form of text mining, data, or information.
13. Embedding in any website, forum, or social network a link, hyperlink, frame, or any similar link that redirects to the contents and functions of the Platform without authorization to do so.
14. Introducing computer viruses, defective files, or hosting, storing, distributing, or sharing any other material or software that may cause damage or alterations to the contents, programs, and systems of the Platform.
15. Using the Platform in any way that violates applicable current legislation, morality, or public order, or that in any way affects the normal operation for which the Platform has been conceived, designed, and developed by Here Sharing, or using the Platform in any way that may harm Here Sharing and the Platform.
16. Using the Platform in any way that constitutes commercial use, including, without limitation, using the Platform to compete directly or indirectly with Here Sharing.

Both the Client User and the User Owner are fully responsible for their access to the Platform and its correct use.

The Client User and the User Owner agree to indemnify Here Sharing against any possible claims, fines, penalties, or sanctions that it may be obliged to bear as a result of the breach by the Client User or the User Owner of any of the rules detailed in these Terms and Conditions. Here Sharing reserves the right to request compensation for all damages (both direct and indirect) caused by the breach by the Client User or the User Owner of these rules.

8. Intellectual and Industrial Property

Here Sharing owns or licenses all intellectual and industrial property rights over the Platform and its content. All the content that is part of the Platform is protected by intellectual and industrial property rights owned by Here Sharing. This includes, without exclusion and without limitation, all drawings, illustrations, information, data, calculations, texts, articles, logos, trademarks, distinctive signs, icons, images, design and appearance, video files, audio files, databases, and software.

The industrial and intellectual property rights used in connection with the provision of the Final Services belong to the User Owner or third parties, who claim to be the exclusive owners of all rights relating to the works, protected performances, and any other elements protected by intellectual or industrial property that are uploaded to the Platform. The Client User will not acquire any intellectual or industrial property rights, or any license to use such elements, unless it arises from the nature of the service itself or unless otherwise agreed between the parties.

The User Owners and third-party holders of industrial or intellectual property rights who upload content to the Platform grant Here Sharing free licenses for the rights of public communication, reproduction, distribution, and transformation, in all existing forms of exploitation on the date of acceptance of these Terms and Conditions, for the entire duration of the rights assigned, worldwide.

Here Sharing has no business relationship with the Final Services that the User Owners conclude with the Client Users or with the services that the User Owners offer through the Platform. Here Sharing is in no case responsible for infringements of industrial or intellectual property rights of third parties committed through the Platform. If a user commits an infringement of a third party’s rights through the Platform, or in relation to a Final Service offered and/or provided through the Platform, that user will be solely responsible for such infringement and will indemnify Here Sharing for all damages (both direct and indirect) caused by such infringement.

Here Sharing reserves the right to withdraw content at any time that may be considered illegal or that may infringe third-party rights.

If you believe that your intellectual or industrial property rights are being violated through the Platform, please refer to the “Mediation” section of these Terms and Conditions, as well as the “Procedure and notice form for infringement of industrial and intellectual property rights.“

9. Disclaimer Regarding Platform Use

Here Sharing is solely responsible to Users, both Owners and Clients, for the intermediary services it provides by making the Platform available as its operator. This disclaimer, while illustrative and not exhaustive, absolves Here Sharing from any liability arising from:

1. Client satisfaction with the outcome of the Final Service provided by the Owner.
2. Possible inaccuracies or falsehoods in data provided by Owners regarding services offered through the Platform.
3. Contents, information, opinions, and statements of any user or third parties communicated or displayed through the Platform.
4. Owners’ use of Platform materials, whether prohibited or allowed, infringing on intellectual and/or industrial property rights, trade secrets, confidential information, or, in general, third-party rights.
5. Acts of unfair competition and illicit advertising by Owners or Clients.
6. Potential data loss of Clients and Owners not attributable to Here Sharing.
7. Minors accessing content on the Platform.
8. Unavailability, errors, access failures, and lack of continuity of the Platform or the Services offered therein.
9. Errors or variations in the exchange rate reflected in the Price.
10. Failures or incidents that may occur in communications, deletion, or incomplete transmissions.
11. Inoperability or issues with the email address provided by the Client or Owner.
12. Any misuse, unlawful or incorrect, of personal data or other information by users.
13. Any misuse, unlawful or incorrect, of the Platform.

Here Sharing shall not assume any responsibility, whether direct or indirect, arising from the Client’s misuse of the Platform. The User shall assume all responsibility (towards Here Sharing or any third party) for the consequences, damages, or actions resulting from their access or use of the Platform. For further information, refer to the “Mediation” section of the current “Terms and Conditions“.

Here Sharing will not be liable for any content, files, information, opinions, concepts, and images appearing, published, or distributed directly or indirectly (i) on the Platform, (ii) through websites accessible via the Platform, (iii) any linked website accessed through the Platform via links, or (iv) any services linked or related to such linked websites.

In no event shall Here Sharing be liable for services contracted by End Clients through the Platform, nor for services, goods, or products that may be acquired or contracted by third parties through a link accessible via the Platform. Likewise, Here Sharing shall not be responsible for the development or outcome of the Final Service.

Here Sharing provides the Platform and its content to the Owner, using all technical means at its disposal to enable them to provide their Final Service satisfactorily.

Users acknowledge that there may be interruptions in the Platform service due to specific needs, failures beyond Here Sharing’s control, maintenance, overloads, etc. Any liability arising from a Platform service interruption for the aforementioned reasons cannot be attributed to Here Sharing.

The disclaimer in this section includes all damages suffered by users or third parties, including consequential and indirect damages, direct and indirect damages, punitive damages, consequential damages, and any other damages of any nature, to the extent that they may be exempted under applicable law.

However, Here Sharing may refund the Client the Price paid for Final Services that could not be fully provided by the Owner due to irregularities in the Platform during the provision of said service.

When Here Sharing deems it appropriate, it will make corrections, improvements, or modifications to the content and/or functions of the Platform, without granting any right to claim or receive compensation, or any acknowledgment of responsibility from Here Sharing. Here Sharing shall not be liable for damages of any kind arising from the technical availability and continuity of the Platform dependent on third parties. In case of technical failure, Here Sharing will take all necessary actions to restore the Platform. Here Sharing reserves the right to suspend the service of making the Platform available at any time, temporarily or permanently, without entitling Users or Owners to compensation.

You are solely responsible for your identification and access to the Platform’s content and functions. Here Sharing is not liable for damages of any kind arising from unauthorized access by third parties to your data and their use of the Platform through such data (including any deduction of balance or income associated with your account at the time of unauthorized access). By using the Platform, you accept that data transmitted over the Internet is not fully protected as online security measures are not impregnable.

10. Reviews of Final Services and Owners

Here Sharing has implemented mechanisms to ensure that reviews can only be made by Clients who have previously contracted the Final Service or any service of the Owner and have received such services.

However, Here Sharing is not responsible for the content of such reviews or their truthfulness and accuracy.

11. Procedure and Form for Reporting Illegal Content, Including Violations of Industrial and Intellectual Property Rights

Ensuring that the content available through its Platform is correct, compliant with the law, and does not infringe on third-party rights is a priority for Here Sharing. However, Here Sharing cannot monitor all third parties accessing the Platform and offering content. For this reason, Here Sharing has a mechanism that allows anyone identifying illegal or infringing content to report this to Here Sharing.

he Owner, Client, or third party identifying illegal content on the Platform or considering their industrial or intellectual property rights violated through any Final Service provided by the Platform must submit their claim using the “Report” button accessible on each page of said service. Through this link, the user in question will access a form (or similar method) through which they will provide Here Sharing with information regarding (i) the identity of the claimant and proof of their identity; (ii) the right they believe is infringed; (ii) the infringing content, and (iii) the reasons why they consider the content illegal or infringing their rights. Once Here Sharing receives the claim, it will initiate various actions that may include removing the relevant information hosted on the Platform and deleting the account of repeat offenders when appropriate. In these cases, Here Sharing may retain the balance of infringing users to address any claims or damages suffered by third parties or Here Sharing itself. These actions will be carried out without admission of liability by Here Sharing and without prejudice to any rights, actions, or defenses that may be available to us, all of which are expressly reserved.

12. Violation of Terms and Conditions by Users

Here Sharing reserves the right, at its sole discretion, to suspend and prevent the use of the Service, either temporarily or permanently, by any Owner or Client who violates any of the rules established in these Terms and Conditions, the law, or morality, or, in the case of Owners and the Final Services they provide, who have been subject to one or multiple claims by Clients regarding the provision of the Final Services they offer and provide through the Platform.

13. Data Protection and Confidentiality

Here Sharing is fully committed to complying with data protection regulations. All personal data processed will be handled in accordance with data protection regulations and our Privacy Policy.

In any case, users acknowledge and grant Here Sharing the right to use the information, properly anonymized to exclude personal data, for the development of studies and analysis, improving the Platform, creating new computer solutions, and providing consulting services and statistical services.

If Here Sharing is processing data, as a data processor, that are the responsibility of the End User, the processing of such data will be carried out in accordance with Article 28 of Regulation (EU) 2016/679 on Data Protection.

Owners will be solely responsible for complying with data protection regulations regarding the personal data of Clients and any suppliers or employees the Owner may have contracted.

All information accessed by Owners in the provision of a Final Service to a Client shall be treated as confidential and shall not be disclosed or used for any purpose other than the provision of the Final Service. Similarly, if the Client accesses confidential information from the Owner in the context of providing a Final Service, the Client shall be obligated to maintain its confidentiality, refraining from disclosing it to third parties or using it without the express written authorization of the Owner. In particular, without the Owner’s authorization, the Client may not disclose to third parties the recording of calls related to the Final Service, nor transcriptions thereof, nor information provided by the Owner during the course of the call.

14. Mediation

Here Sharing is a Platform that acts as a mere intermediary between the Owner and the Client. Here Sharing does not offer, have any business or commercial relationship with the Final Services offered through the Platform, nor is it part of the provision of services carried out exclusively between the Owner and the Client. Here Sharing does not offer, have any business or commercial connection with, or partake in the provision of services exclusively between the Owner and the Client. Here Sharing does not review or validate the quality, content, security, or outcome of the services that Owners offer through the Platform; thus, Here Sharing shall not be liable, directly or indirectly, or subsidiarily, for any damages and losses of any nature arising from contracting services through the Platform, nor for the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness, and timeliness of said services.

Here Sharing shall not be liable for any return guarantees due to Client dissatisfaction with contracted Final Services developed through the Platform. The Owner shall be solely responsible for such return guarantees.

Any claims regarding non-provision of the contracted Final Service or its incorrect provision must be directed against the Owner to whom the Client contracted the Final Service. On occasions, Here Sharing may voluntarily mediate between the Owner and the Client. The assumption of this mediation role between the Owner and the Client by Here Sharing is done at its sole discretion, with the sole aim of trying to improve the user experience of the Platform, without implying any assumption of responsibility by Here Sharing.

15. Changes and Modifications to the Terms and Conditions

Here Sharing reserves the right to modify or update these Terms and Conditions at any time and for any reason at its sole discretion. In particular, if regulatory action is taken or legal or regulatory measures are imposed that, in Here Sharing’s opinion, prohibit, restrict, or make the provision of the Service unfeasible, Here Sharing shall have the right to: (i) modify the terms of use and/or terms to adapt to the new situation, (ii) cease the provision of the Platform.

Here Sharing will notify the Client or the Owner of any material change to the Terms and Conditions that directly affect them. By accessing or using the Platform after Here Sharing has notified them of a modification or update, the Client or the Owner agrees to be bound by the modified Terms and Conditions. If they do not want to accept the modification or update of the Terms and Conditions, they must stop using the Platform.

16. Disputes

These terms and conditions are governed by Spanish law. Likewise, in the event of any discrepancy between the versions of these Terms and Conditions in different languages, the Spanish version shall prevail.

Disputes between the Owner, the Client, and Here Sharing should be resolved amicably whenever possible If this is not possible, either party may bring the dispute before the ordinary courts within the jurisdiction of the courts of Madrid. The provisions of this paragraph shall be without prejudice to any mandatory rules that may apply.