Thank you very much Bernhard Jaeggle for drafting this very harsh email, which you published on the ESNTrain homepage.
You'll receive an answer:
Sat 06.11.2009
The following email was sent to all participants:
Could you please do us a favor, Jaeggle!
Make these 1000 email addresses of participatns available to a neutral institution. We angry participants would like to write all participants more about our perspective. So we can have a fair and balanced debate. Because many people sharply differ with your view of the world.
Platform GmbH urges the OEBB-Board of Directors that OEBB compensates the damage caused by their cancelation of the ESNtrain-Project, March 2009. Furthermore, to immediately return the prepayment made by platform GmbH.
Who covers the damages of OEBB? They ordered tracks and cars for you in good will. Only you were the party who failed to make the payment, you agreed on. Heck, you even admitted to the Tagesanzeiger newspaper, that you had an agreement with OEBB that you have to pay EUR 250,000 to OEBB before the departure, but you didn't pay that. This is not a lie of this blog, this is what you've been saying. (
http://www.scribd.com/doc/16620844/ESNtrain-Articles-20090530-de-Tagesanzeiger-Switzerland )
In addition, platform GmbH is taking measures
against untruthful and insulting E-mails and blog postings, which have been made public after the cancelation of the project.
Please elaborate about that, Mr. Jaeggle! When you take words like "untruthful" into your mouth, could you please elaborate a bit more about why Platform stated in the marketing material that two thirds of the total costs are covered by sponsors and goodwill. Yet, on the day of the cancellation you stated to Belgian press that "there was almost no financial support", one of the main reasons why ESNTrain had to be cancelled (
http://www.youtube.com/watch?v=TvMjs5yJKmg ). Where does that leave the word "truthful"?
With letter dated 14 October 2009 platform GmbH requested from the Board of Directors of OEBB full compensation of the immense damage caused to many by the one-sided and unnecessary cancelation of this unique project.
You seem to forget that you wrote Austrian TV ORF that you had no contract with OEBB (
http://esn-train-cancelled.blogspot.com/2009/07/jaggle-didnt-have-contract-with-obb.html ). Everything was based on emails. So you are really trying to tell us that you have a contract with OEBB, which would allow you to claim all the damages. This would include our ticket costs, participation fees, our damages we incurred. This is very interesting. But I assure you are pretty alone with this legal opinion. It would take years to fight that in court.
Platform GmbH is supported in this matter by law firms
domiciled in Vienna and Zurich.
Instead of spending our money on law firms, maybe you should think of returning this money to us.
The train journey had been prepared by hundreds of railway specialists
and student volunteers over a long period of constructive and fruitful
cooperation by all parties, especially OEBB. This intercultural
undertaking was impeded at the day of departure, 27 March 2009.
Thousands of participants from 98 nations from all over the world, who
had paid for their tickets already, had to end their travel plans with
disastrous outcome.
Again, the cancellation was very predictable for you - weeks before. Since you didn't have the money (not even the EUR 250,000) any serious business man would know that OEBB would have the right cancel that train because you breached the contract. This mess of people stranding all across Europe was your fault, Mr. Jaeggle. You could have warned us weeks before that the finances of ESNTrain were really bad.
Not to speak about the damage caused to other
parties such as suppliers, security and many others, including the many
participants organizing the events on the more than 40 stops along the
train’s route.
Yes, that's why it is so important that we learn what really happened and who's fault it was. Most of these things point into your direction, Mr. Jaeggle.
Since the cancelation platform GmbH has limited public discussions to a
minimum in order to find an amicable solution with OEBB. The numerous
attempts went unheard.
1. Oh really! It was published in that blog months ago that OEBB sent you a legal letter to stop making false accusations against the OEBB in the press. Apparently you stopped your media campaign against the OEBB from that point. Were you scared because of that legal letter from OEBB? So your action went not unheard. You just didn't get the reactions from OEBB which you hoped for. Or is this what I am saying again a untruthful and insulting statement from this blog against you?
2. Since you didn't find an amicable solution with OEBB, we of course are looking forward that you extend and improve the public discussion. We are really interested that you show us the contract you had with OEBB. You have your claims, you say all fault lies with OEBB. So please prove that to us! Do not forget, you owe us money, not the OEBB. You use OEBB always as an excuse. So please make it official! What do you have in your hands against OEBB?
The public interest for a follow-up project is huge. But first the past
must be settled.
This really scares me. How can you think about a follow-up project? You failed twice with your big ESNTrain ambitions. Thousands of people suffered greatly. Do you really want to risk that it happens a third time?
Sincerely,
platform GmbH,
Bernhard Jaeggle