A failed mediation round; an open letter by ESN to Jaeggle; an aggressive reaction from Jaeggle

The last seven days were indeed very interesting. A lot of things have happened.

First of all know now that mediation round, which took place in October in Vienna, has practically failed. According to the "Official statement regarding the outcome of the ESNtrain mediation" the parties (ESN, Jaeggle, participant) did not come to an agreement, no solutions were found.

Secondly we know that ESN (the President Marketa Tokova) published an open letter to Jaeggle. In that she requests that Jaeggle should make his contract with OEBB and his books available to ESN and the ESNTrain participants. "At the moment, however, it seems to us that the current communication policy of platform GmbH seeds mistrust among the interested public against such well-meaning projects and against the ideals we share."
This sentence in the open letter is a drastic departure from previous ESN policy on this topic. The blame for all the bitterness is now shifted to Jaeggle. And since ESN wants to see the accounting books of ESN, there seems to be a fear by ESN that the accounting books are of Platform are not free of problems.
Finally the good friends of Jaeggle inside ESN are really getting tired of him and turning against him. This is good news for all participants!!! We are one major step closer to justice.

Thirdly Jaeggle answered that open letter with a aggressive email, he sent to all participants. In that he does not directly reply to the open letter and its request. Instead he attacks OEBB, puts all blame on them, he attacks (apparently) this blog, threatens legal action against dissenting voices and talks about a follow-up ESNTrain project. Again, Jaeggle is continueing his strategy to twist the truth to gain himself an advantage. Our call to Jaeggle to show us any proof for his accusations is again ignored.

This is all a great theater. Each reader should ask herself: Do you really thing that Jaeggle is the innocent victim of Austrian Railways?

1) Failed mediation round

2. November: Official statement regarding the outcome of the ESNtrain mediation

The mediation on the ESNtrain case took place in Vienna on 10 October 2009. The following persons were present:

* ESNtrain participants: Christian Doni, Francesco Martino, Dmitry Nikolaenko, Alexander R.
* Platform GmbH: Bernhard Jäggle
* ESN: Christophe Andrey, Troels Christensen, Marketa Tokova

The mediation lasted for about 7 hours, from 10.00 to 12.30 and from 15.00 to 19.30. During lunchtime, between 12.45 and 14.30 a facultative meeting with Mr. Narrenhofer from ÖBB took place in his office, the content of which is entirely of public domain.

The parties have commonly agreed on this present statement.

Discussions turned around the following main points:

* Trying to understand what has actually happened regarding the ESNtrain cancellation
* Mutual understanding of the situation / point of view of others
* Possible compensation of the ESNTrain participants

Despite the development of some options, no solution could be found in the end that would sufficiently satisfy all parties to resolve the issue or that would point out directions to continue the mediation process. Thus, the mediation will not continue. The parties agreed preliminarily on keeping confidentiality over the discussion, in order to facilitate a fruitful process which could have produced a quick and satisfactory solution for every party, without resorting to legal actions. However, since the mediation failed to achieve such purpose, the participants felt the need to discuss with ESN and with the mediators whether to keep or to reconsider the preliminary confidentiality, but eventually the parties did not agree on waiving it.

2) ESN Open Letter to Jaeggle

6th November 2009, Brussels

Open letter: To the attention of the CEO of platform GmbH, Mr. Bernhard Jaeggle

Dear Mr. Jaeggle,
Herewith I am requesting on behalf of the Erasmus Student Network (ESN) that the platform GmbH provides ESN and all its members with a full view of the contracts it entered into and of its accounting related to the ESNtrain project, which the Austrian Railways ÖBB cancelled at the very last moment at the end of March 2009.

Despite ESN having no contract with platform GmbH, there are several reasons that allow me to make this kind of request towards you.

At first, ESN trusted you with the organization of the ESNtrain – by allowing the usage of ESN name and design and supporting the project (promotion within and outside the network and involvement of ESN sections in organizing the events alongside the route of the ESNtrain). Thus, we now claim our right to know all the background information and all the reasons leading to the cancellation.

Secondly, opening up the books and contracts would restore the confidence of ESN and its members towards platform GmbH. So far, participants of the ESNtrain (many of those being members of ESN) were not only deprived of the travel they bought and of the reimbursement of their money, but most of them are also angry and frustrated by the lack of communication and information on the part of the project organizer.

Thirdly, the vision of the ESNtrain was to bring people together throughout Europe to establish intercultural communication platform. It was one of the main reasons why ESN supported the project in the first place. At the moment, however, it seems to us that the current communication policy of platform GmbH seeds mistrust among the interested public against such well-meaning projects and against the ideals we share.

My open request is coming now, more than 7 months after the cancellation. We have provided platform GmbH with time and possibility to act in silence, as requested after the first demand for information. However, it is now up to platform GmbH to show your will to the cooperation. I would like you to open books and contracts to ESN, its members and all the ESNtrain participants, to help us all understand the situation.

I sincerely hope that your sense of fairness, honesty and your responsibility towards the hundreds of ESN members who volunteered for the ESNtrain project will allow you to positively answer our request.

Sincerely,
Marketa Tokova
President of ESN AISBL

3) reaction of Jaeggle to that open letter (www.esntrain.org)

Dear all

Platform GmbH urges the ÖBB-Board of Directors that ÖBB compensates the
damage caused by their cancelation of the ESNtrain-Project, March 2009.
Furthermore, to immediately return the prepayment made by platform GmbH.
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.

With letter dated 14 October 2009 platform GmbH requested from the Board
of Directors of ÖBB full compensation of the immense damage caused to
many by the one-sided and unnecessary cancelation of this unique
project. Platform GmbH is supported in this matter by law firms
domiciled in Vienna and Zurich.

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 ÖBB. 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. 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.

Since the cancelation platform GmbH has limited public discussions to a
minimum in order to find an amicable solution with ÖBB. The numerous
attempts went unheard.

The public interest for a follow-up project is huge. But first the past
must be settled.

Sincerely,
platform GmbH,
Bernhard Jäggle

After 5 months of silence we hear from you, Bernhard Jäggle

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

Oh, ESN had already a bad feeling about ESNTrain in March

It seems that there was no mediation round in early October. I mean, I still haven't seen any minutes or facts about that mediation round. The silence is fascinating, isn't it?

But don't worry - there are other news about the ESNTrain failure!!!

Did you read this?

This was written in the executive summary about the ESN AGM Utrecht (the big annual meeting of all ESN sections) from March 26th to March 30th 2009.

The text suggests that there was some tension between ESN and Jaeggle (ESNTrain organizer) already before the cancellation. Also the issue of controlling the project on behalf of ESN was critized.

http://www.scribd.com/doc/21915568/AGM-Utrecht-Report (wait a bit, the PDF there is still being converted)

It’s important to say, that ESN International was not organizing ESNTrain, meaning the train itself. There was a separate ESNTrain team behind it, having a specially established company Platform GmbH. It was done, as any large project has risk to fail and this way ESN as organization does not have any financial or legal responsibility of ESNTrain. From my side I can just say, that the project management and control was not the best, as it was too much left on this one project team that we all trusted too much, while ESN was busy with organizing local activities in cities, which train was supposed to visit. But as soon, as we knew about the problem, that was too late, of course, we – CNR and ESN International board – tried to do all possible to save it.

Well, I just can hope that ESN will learn from that terrible mistakes. Over 1.000 students suffered greatly - also in part because that project was not properly controlled.

Of course, we have to ask why did that happen? Why wasn't the ESNTrain project properly controlled? Who's fault was it? I thing this is an important question ESN should answer.

Here is something more interesting. We all have heard that they were some efforts to save ESNTrain at the AGM in Utrecht. Read this! Apparently there was never a realistic chance to bring up the money, because the annual budget of ESN was much lower that the EUR 150,000.- Jaeggle requested from ESN.

ESN International Board and CNR discussed all possible solutions on Friday night as well the Annual General Meeting held a vote for ESN International to guaranty those 150 000, what, fortunately, was not approved, as it exceeds ESN annual budget. On Saturday, the ESNtrain organizer Platform GmbH, officially announced the cancellation.

So, Jaeggle must have known that, too. Why didn't he cancel ESNTrain immediately he knew he couldn't afford ESNTrain? According to comments in this blog, Jaeggle asked ESN AGM Utrecht one day before the intended departure of ESNTrain to give him that money. So, instead of wasting his time at AGM Utrecht, Jaeggle should have written all participants one day before the departure, that ESNTrain was definetely cancelled. That way maybe fewer innocent students would have stranded all across Europe!!!

What takes them that long?

From the ESN website:

10. October: Mediation round in Vienna

The mediation round took place in Vienna. The final communique will be published as soon as all the participants of the mediation round approve its final wording.

I frankly fail to understand the problem.
This final communique should just contain what was actually said in the meeting - word by word.
We want nth. more. This shouldn't be a problem.

We as participants want to know when we finally get back our money!!!
What did Bernhard Jaeggle say about that?
Dear mediation people: Do not test our patience!

Mediation Round - What is important?

Participants demand full and complete minutes from the mediation round.
I appeal to all people who travel to the mediation round in Vienna to do so.

In case if Bernhard Jaeggle doesn't show up, we demand a full explanation.
The pool I took indicated that almost one third of voters believe that
Jaeggle is not going to show up in Vienna.

I must remind every one that Jaeggle has not paid a single cent back
since the cancellation to participatns - and that more than half a year later.
We have received no further information.

The goal must be that ESN would do everything in his power to (1.) punish
Jaeggle, (2.) get our money back and to (3.) investigate the real reasons for the cancellation.

In that regard I would like to summarize all the rumours, which can be found
on the internet and in this blog (esp. in the comment sections)

• 1) Jaeggle hopes to receive a large sum from the European Union to pay for another ESNTrain sometime in 2011. Our tickets would be valid on that. That hope is the reason why he doesn't declare Platform GmbH bankcrupt. This hope is of course total nonsense.

• 2) Jaeggle approached several Swiss Universities around 2-3 weeks before the cancellation to give him several hundreds of thousand of Euros. That proves that he knew about the impeding cancellation and the demands of ÖBB. The question is why didn't Jaeggle warn the participants of the problems. Why did he continue to sell tickets for ESNTrain? Proving that he intentionally misled us would land Bernhard Jaeggle in jail.
  

• 3) Jaeggle had almost ZERO sponsorship money for ESNTrain despite him promising that two thirds of the total ESNTrain costs would be covered by sponsors. Jaeggle misinformed us and especially the ÖBB. There were shocked as well when Jaeggle failed to pay agreed on EUR 400,000 prepayment in time.

• 4) Most of our money (participants paid Jaeggle almost a quarter of million Euros) went to finance ESNTrain staff (Yes, these were not only volunteers). Just EUR 100,000 went to ÖBB. The rest was wasted by Jaeggle. You don't believe me? Well, Bernhard could not pay back a single penny to us. So it is clear: Jaeggle spent almost all of our money.

• 5) ESN Zuerich made perfectly clear in the last weeks (remember the furious discussion about the publishing of email addresses?) that they stand firmly behind Jaeggle. They reject any notion to oust Jaeggle from ESN Zuerich at all. At the same time people from ESN Zuerich enjoy having "great" parties together with Jaeggle, e.g. at Jaeggles farmhouse in Maennedorf.

What would you ask Jaeggle during the mediation round?

Did you ask yourself why the mediation round on October 10th is taking place in Vienna and not in Zuerich (where Jaeggle lives)? The answer is quite simple. If Jaeggle doesn't show up during the mediation round (which would take place in Zuerich), the students will most likely take the bus to Zuerich-Maennedorf to meet Jaeggle there.
Now, because the mediation round takes place in Vienna, no student will most likely fly to Zuerich to meet Jaeggle there.

Stay tuned: party photos with Jaeggle after the cancellation

Party Jaeggle! This is the guy who let strand hundreds of students all across Europe.

Stay tuned for that.
There are apparently many party photos which show Jaeggle on parties after the cancellation right next to the printed guides and esntrain t-shirts. He is having some good times.

Here is the link to the gallery (thanks to Google Archive)

Party Time at Jaeggles Farmhouse near Lake Zuerich with our paid Stuff (June 2009) VERY VERY INTERESTING PHOTOS!!!

Thanks to my two mates who made this photo gallery possible and finally found these photos!!!

Update:

Here some photos of the "awesome" ESNTrain presentation by Jaeggle at the AGM ESN event in Bresancon in early 2008.

Look you see Jaeggle and his good pal ESN President Matthias Fenner pitching the ESNTrain project.

Some words of caution for Bernhard Jäggle

According to my information the mediation round will take place on October 10th in Vienna, Austria.
This information have not been verified, yet.

We all know that Bernhard Jäggle (the crooky organizer of the failed ESNTrain project) practically stayed silent for the last two months. Considering the fact that Jäggle is owing us all a lot of money, the behaviour of Jäggle shows us his real character. He gambled with our money. He played poker with our money in order to realize his dream of an ESNTrain, which he knew he couldn't pay. Once in his life he had a lot of money (OUR MONEY!!!) on his bank account which he blew and spent, spent, spent on sh*t.

Bernhard Jäggle is a person who is trying to do everything to get his own a** out of this sitation after the damage has been done. He is very manipulative person. He is a coward who doesn't want to take responsibility. Jäggle is not even accepting postal mail at his company address anymore.

Some facts about Jäggle his behaviour:


1) Jäggle successfully obstructed the mediation process, which have been proposed by ESN in May. Actually the mediation should have taken place in July/August together with ÖBB. Jäggle has achieved to postpone that mediation until October (buying him more time) and without the participation of ÖBB. As we all know: Bernhard Jäggle nonetheless is not going to appear on October 10th at the mediation round in Vienna (he will use some quite of lame last-minute excuse not to participate)


2) We know by now that Jäggle had no formal contract with ÖBB to deliver ESNTrain. ÖBB actually had no obligation to deliver ESNTrain at all. Moreover, ÖBB didn't accept the notion of Jäggle that a prepayment of just EUR 100,000 was sufficient to deliver ESNTrain. ÖBB informed Jäggle early enough that he has to pay a prepayment of EUR 500,000. So the cancellation of ESNTrain was unavoidable BUT TOTALLY EXPECTED to happen. Jäggle knew very well in advance that many European students would strand all across Europe, because he couldn't afford these EUR 500,000. Yes, Jäggle knew that in advance.
Nonetheless he still even sold ESNTrain tickets in the end of March, just days before the cancellation. He is such a crook
Yes, this is the hard truth. This is exactly the reason why Jäggle is so quite and is not telling us anything real about the causes of the ESNTrain cancellation. I mean Jäggle doesn't want to admit this truth. This truth will at the end will land him in prison, because at one point the state prosecutors of Switzerland will become active.


3) I am very confident that we can bring punishment on Jäggle through the legal and court avenues.
Yes, a lot of time passed by already. A lot of time had passed because Jäggle has done everything to prolong everything.
But one day we will catch this guy with all legal means and then he is going to serve his time in prison.


4) We know there are many die-hard fans and friends of Jäggle, who still support him and believe every word he says. Well, we will prove all these people wrong and show them what kind of "wrong" friend they have. After we won the legal fight, Jäggle will never recover from that ESNTrain scandal.

Jäggle has to blame only himself. He sold us a train he knew he never could deliver.

What Jäggle wants you to believe.....

To all readers of the blog: I would like to give you one important suggestion. Do not believe what Bernhard Jäggle, the organizer of ESNTrain, tells you about the cancellation.

Jäggle wants you to believe that ÖBB, the Austrian Railway company, breached their part of contract at the very last minute. Thus, ESNTrain had to be cancelled, because ÖBB suddenly and shortly before the intended departure date wanted to have EUR 500,000.- as prepayment instead of EUR 160,000.-

This story is absolutely false!!!

Bernhard Jäggle is spreading this false story. He is trying to manipulate us all.
Why is he doing that. Well, he wants us to think that the fault of all the ESNTrain mess lies with ÖBB. Thus, he is not responsible for anything. Thus, we should all forgive him and we should understand that Jäggle is too powerless to fight against ÖBB to get our money back. Thus, we should accept that our money is lost and we should not press Jäggle anymore to pay back our money.

This is the reason why crooky Jäggle is doing that.
I know this guy, he is ruthless. He may thing I am exaggerating again. No, I am not exaggerating. Bernhard is a guy who would do anything to lie himself our of this mess.

Here is one example
One participant demanded payment of his tickets on July 19th 2009 by email.
Well, we know that Jäggle is always busy doing vacation, so he only responded on August 1st 2009 with this garbage und manipulative statement:

Sehr geehrte Frau ....

Vielen Dank für Ihr Email.
Leider ist wahrlich viel Zeit seit Absage des ESNtrains vergangen.
Viel Zeit für Sie und für uns - leider aber sichtlich nicht für die ÖBB,
denn es kommt keinerlei Reaktion von den österreichischen Bundesbahnen.
Daher sind wir gezwungen die kommenden Schritte einzuleiten, auch wenn
diese Zeitintensiv sind.

Wir bedauern auch die leider zu zahlreich verschwendete Zeit und können
leider nicht mehr machen, als widerum um Geduld zu bitten.
Wir arbeiten nach wie vor an der Lösung!

mit freundlichen Grüssen
platfrom GmbH
Bernhard Jäggle

In English:

Dear Ms...

Thank you for your email.
Unfortunately a lot of time has passed by since the cancellation of ESNTrain.
Indeed a lot of time for you and for us - but apparently not a lot of time for ÖBB.
I haven't received any reaction from the Austrian Railways.
That's why we are forced to take the next steps, even if it takes a lot of time.

We regret the time that is wasted. However, we cannot do anything more than to ask you for more patience.
We are still working on a solution!

Best Regards
platform GmbH
Bernhard Jäggle

So, Jäggle is blaming the ÖBB.
I hope at one point that the ÖBB is going to take legal steps against Jäggle - prohibiting Jäggle to publish such a nonsense.
On the point of the manipulations I would like to highlight a comment, which was made to this blog yesterday by someone close to the mediation round.
"--alex" is initially talking about why Jäggle wants to prevent participants meeting with ÖBB during the medation.

I think it is fair to get ESN out of the line of fire.
Who do you think doesn't want participants and ÖBB to sit on one table? It is not ESN, but it is someone else.

In fact I believe Bernhard wants to present his case and arguments during the medation.
In that he can claim and say whatever he wants.
It would be tricky for participants to challenge Bernhards arguments, because no one of the participants has any real insights into the relationship between Bernhard and ÖBB.

That is the reason why I lobby hard to initiate a second mediation round. This time only between ESN, participants and ÖBB. That way the ÖBB can tell us their side of the story and can invalidate the arguments of Bernhard.
Bernhard would certainly not like such a second mediation round.

Two things matter for me personally.
When do we get our money back?
Who was responsible for this disorderly cancellation process?
Both questions are heavily interlinked, because the person who caused this disorderly cancellation is the person who has to burden all the blame and who has to bear all the costs.

Bernhard indicated to us that the disorderly cancellation process was the fault of the ÖBB, because ÖBB unexpectedly increased the amount of money they wanted a prepayment shortly before the ESNTRAIN departure date.
If this story was true, then Bernhard would have a case to go against ÖBB and demand money to pay back our tickets in full.

However, I do not believe this story at all. And Bernhard has not produced any evidence to support his story.
According to my sources ÖBB clearly informed Bernhard multiple times how much money they wanted to have as prepayment. The ÖBB just needs to show us a document or email from early March, where the ÖBB demanded 500.000 Euros as prepayment from Bernhard.
If ÖBB produces such a document, the story of Bernhard will be pretty much invalidated, because in that case Bernhard actually needed to cancel ESNTRAIN in early March. Such an early cancellation would have saved us all a lot of money. ÖBB alone had to pay their suppliers and other railways 169.000 Euros due to the late-night disorderly cancellation process.
With an early cancellation this money would have been still there to pay back back part of our tickets.

I am very confident that ÖBB has such a document invalidating the story of Bernhard.

I would like to point out, if I find any hard evidence that Bernhard lied or mislead us after the disorderly cancellation, Bernhard will face serious consequences.

Friends of Bernhard Jäggle tell the same lies

Update:
Do not miss this all-new German-language radio interview concerning ESNTrain.






Anne Karppanen organized ESNTrain in Finland. She practically made a lot of advertising and lured people into that scam. Mrs. Karppanen studies at the University of Oulu.
She was asked about her reactions. This Finnish women accuses the ÖBB for the failure.
This is a email from Anne Karppanen from July 25th 2009 she sent out to an ESNTrain participant.

Dear ...,

First of all, I, too, am an ESNtrain participant that lost a lot of money because of the cancellation of the ESNtrain. And yes, I am very sorry that the project got cancelled and that the Austrian railway company broke the contract they had made with the ESNtrain organizers and therefore the money hasn't been returned. And if any people decided to join the ESNtrain because of my actions, I am very sorry about that as well.

Personally, I was responsible for organizing the Finnish evening on train and forwarding e-mails from ESNtrain OC to the ESN sections of Finland ...

I haven't offered any personal apology to the participants of the ESNtrain because the people who actually were responsible for the organisation of the project have already done that...

Sincerely,
Anne Karppanen

I would like to remind readers of this blog that there was no written contract between Platform GmbH and ÖBB, so ÖBB couldn't breach a contract which didn't exist.

Roland Albrecht, a very good buddy of Jäggle, wrote this on May 2nd 2009:

I know Bernhard personally and I know he has worked a lot and spent all his time to realize the ESN train project. It was his dream to realize a unique multicultural platform where people from all over europe would meet and spend an extraordinairy time together.

I don't know what went wrong and who's to blame for that. Usually in such cases it's quite complicated to tell where exactly it went wrong. It's more a series of several mistakes.

I definitely understand that everyone wants to get back it's money. But as it was a huge project involving companies all over europe sorting everything out will take some time.

So attacking Bernhard and the rest of the team and claiming they are just forgetting everyone is not true and not fair. I still admire Bernhard and everyone involved in the team for the courage and enthusiasm for trying to realize the project. They have spent a lot of their spare time for the project and their failure has broken their hearts. And I am sure they are trying everything to sort it all out.

Claudia Kafka, also a good friend of Jäggle, wrote this to participants:

I know Bernhard personally and am sure that he tries everything to get this issue solved out asap.

It's not as if his team chose to cancel the trip out of nothing! Returning money to +500 participants plus reacting to mails such as yours is not easy. Besides many people on the team have got jobs as well which they need to tend to!

As mentioned on the website last week..be patient....and of course nobody can answer to hundreds of emails! Give them time! I know him...and if you'd had a look at the patronage comittee you would know that they aren't reckless! They just need time to sort it all out! I guess he even had to make downpayments which he didn't receive back as well...

So..NO...i won't tell him! He will do it anyway! Bear in mind that this is not a huge organization, but individuals who wanted to connect people across Europe and unfortunately failed!

It is time for an update - crooky Jäggle

We all received your last update on June 18th.
5 weeks have gone by.
What's the news, Bernhard Jäggle?

Did you sue ÖBB for the EUR 100,000 ?
Are you having a good time doing some vacation? (enjoy it, you could sit in prison next summer)
How is the mediation going? Are there any tangible results?
Did you already declare Platform bankcrupt?
Did you receive any bad letters from prosecutors?
How is your life, Jäggle?
Are you still planning a new ESNTrain for 2011?
What is Remo Weber doing? ( he might need to go to prison as well for what he did during the sign-up period of ESNTrain)
What's your next move? (we know you always blame someone else.)
Did you already forgot? You owe us way more than a quarter million Euros?
Are you still dreaming being the successful founder of ESNTrain?

Just because you wanted to realize the dream of an ESNTrain, you robbed our money.

Jäggle, we haven't forgotten what you've done. You are gonna pay for that.

Jäggle didn't have a contract with ÖBB

btw: http://bernhardjagglefraudster.blogspot.com/
Great Site!!!

Bernhard Jäggle told the ORF (Austrian TV) that he didn't even had a contract with ÖBB to run the ESNTrain.
Here is the original text, what Jäggle wrote:

1. Zwischen ÖBB und platform GmbH gibt es keinen schriftlichen ausgearbeiteten Vertrag. Die Ausfertigung eines solchen Vertrags hat platform GmbH seit Monaten immer wieder gefordert. Grundlage bilden deshalb Telefongespräche, Briefe und E-Mail Verkehr.
[English]: There is no written and detailed contract between ÖBB and platform GmbH. platform GmbH have been demanding to get such a contract for several months. The basis for all agreements were phone calls, letters and emails.

It is fact. There was no written contract. Nonetheless Jäggle sold tickets to participants. He knew exactly that there wouldn't be a train, because he essentially didn't have a supplier who was contractually obliged to deliver that train.
Jäggle complained that he couldn't convince ÖBB to sign a legally-binding contract. What would have the right decision when Jäggle realized that he wouldn't get a contract? -> Yes, Jäggle had the duty in February or early March to cancel ESNTrain and swiftly pay back the ticket money.
But Jäggle has chosen not to do so.

Bad, bad. I call this fraud.
This is news, because I always thought there was a contract. This is why it is fraud. Jäggle sold us tickets to ride the ESNTrain. We trusted him that he is successfully going to organize that train. The fact that he didn't have a supplier is fraud. Without a supplier Jäggle cannot deliver the services he promised to participants.

Here is an analogy:
Seller sells notebooks on ebay to bidders. 1000 bidders buy a notebook each and pay for it.
Later the seller tells all bidders that he cannot deliver these notebooks, because he doesn't have them. It turns out that the seller has no supplier who would sell him these notebooks which the seller would forward to the bidders.
The seller now blows the money of the bidders for other things (e.g. T-Shirts, drinks, books etc.).
Because the seller blew the money he cannot return the money to the bidders.
The bidders in written demand the money back. Instead of declaring his notebook selling business bankcrupt, the seller let his business open. He does so because he thinks that he can still get these notebooks to deliver them to the bidders.
---> Summing it up: The seller was committing multiple fraud.

ESNtrain FAQ - This is very problematic

I guess you've noticed it. I am back. I assume the law is on my side. If Jäggle thinks he can shut me down, he is very, very wrong.

http://www.esn.org/esntrain_faq

I would like to comment on the esntrain faq, which were published by ESN.

1. What is the ESNtrain?
ESNtrain is a project
organized by a Swiss private company called Platform GmbH. Sole owner of
platform GmbH is Bernhard Jäggle (on 28.06.2009), who initiated the ESNtrain
project. The goal of the ESN train was to provide to thousands of people across
Europe a communication platform. They would meet new people on the train,
discover cities, their inhabitants, their customs and cultures. During the
night, travelers would sleep on the train while it would be travelling from one
city to the next. During the days when the ESNtrain would stop in various
cities, additional visitors could board the train and learn more about the
ESNtrain and its journey. The ESNtrain would have travelled during 25 days in 18
countries.

2. Who was to manage the railway logistics?
The Austrian Railway Company ÖBB
was working with Platform GmbH. As far as ESN knows, its role was to provide the
railway logistics (wagons, authorizations, locomotives, drivers, etc.),
delegating some of these tasks to other European railway companies and
negotiating price of these services with them.

So, I guess there was a written contract between Platform and ÖBB. In one newspaper article Jäggle claimed that was not a written contract. Does ESN has any more insights into that?

3. Why did ESN become involved in the ESNtrain project?
Erasmus Student
Network shared the vision and ideals of ESNtrain project - bringing people from
all over the world together and providing them opportunities for personal growth
and learning through cultural exchange. Moreover, in 2009, ESN is celebrating
its 20th anniversary. As the ESNtrain embraced similar values and ideals as ESN,
the project was therefore included among the projects of the Happy Birthday!
ESN.

What does "the project was therefore included" exactly mean?

4. Who was to participate in the ESNtrain?
Anybody could book a trip on the
ESNtrain, student or not, member of an ESN section or not. Promotion of the
project was mostly geared towards students. A certain amount of places was
reserved for members of ESN sections as a reward for ESN promoting the ESNtrain.

So, ESN promoted this train, as well.

Role of ESN in the ESNtrain organization
5. What was the
relation between ESN and platform GmbH?
Erasmus Student Network let the
ESNtrain project use the name ESN in its title. ESN provided Platform GmbH the
access to human resources in its network. This meant in practical terms that the
representatives of ESNtrain project were given a time during ESN's international
events (such as AGM or Regional Platforms) to present the ESNtrain and promote
it among ESN members. At the same time, the ESN sections were encouraged to
organise events along the ESNtrain route for the participants of the ESNtrain.
Additionally, ESN promoted the ESNtrain project among its partners and other
contacts.

Could ESN please publish the document, where they allowed ESNtrain to use the name of ESN!

ESN was granted patronages for its Happy Birthday! ESN celebrations from several
institutions and organisations - such as Commissioner Figeľ, Committee of the
Regions, Council of Europe etc. (for the whole list, see www.esn.org). The
patronages were not connected to any of the projects of Happy Birthday
specifically - they concerned the general celebrations of 20 years of the
existence of ESN. ESN never financially or materially contributed to the
organization of the ESNtrain.

The patronages were clearly displayed on the ESNtrain website. Participants must have assumed from that these people were connected to ESNtrain. It is "nice" to hear the truth 100 days after the cancellation.

In return, Platform gave ESN members an opportunity of pre-registration for the
ESNtrain. Each section was granted 2 places in the ESNtrain. Also, it was to
carry ESN name throughout Europe and make ESN activities and purpose known to a wider audience through the press coverage of the ESNtrain arrival. The ESNtrain
was to be a promotion vehicle for the celebrations of the 20th anniversary of
ESN. Finally, the presence of the ESNtrain in a city promised to further enrich
the life of ESN sections and of their exchange students along the ESNtrain
route.

So, the reasons why ESN has promoted ESNtrain was that ESN could collect sponsorship through this event, as well? Is this really true, ESN? If yes, I understand why ESN turned a blind eye on Bernhard Jäggle.

6. Is ESN contractually linked to the ESNtrain?
No. ESN International wishes
to clarify that it is neither financially nor legally linked to Platform GmbH.
Also, there have never been any contracts or negotiations between ESN
International and the Austrian railway company ÖBB, concerning this train. As
far as ESN knows, agreements were established between the Platform GmbH and the
ÖBB. However, ESN wants to state clearly that it gave support to ESNtrain by
providing it with the help of its network of local sections. The sections
situated at the various stops of the train put a lot of effort into organising
activities for the train’s participants.

Could ESN please publish the "agreement" between Platform and ÖBB. I am very interested to have a look at this agreement. Please remember ESN: Jäggle stated that there was no written agreement between Platform and ÖBB.

7. How was ESN involved in the management of the ESNtrain project?
Since the
ESNtrain project was not organized by ESN or any of its sections, ESN (in the
form of its statutory bodies such as its international board (IB), its council
of national representatives (CNR) or its general assembly (AGM)) did not oversee
the management of the ESNtrain project, like it would do for its own large
projects such as an AGM or the "20 years of Erasmus". This means that ESN (in
the form of the aforementioned bodies) was never informed in detail about the
current situation of the project (financing, logistics, volunteer recruiting,
etc.). Project management was the sole responsibility of Platform GmbH.

So, ESN can guarantee that Matthias Fenner (former ESN President) was never informed about the financial deficit? You know - ESN - what happens if I find out that this statement is untrue. ESN can shut down its doors if Matthias Fenner knew about the deficit before March 27th.

ESN and participants
8. What is ESN doing for the ESNtrain participants
waiting for their money to be reimbursed?
First of all, ESN has no
contractual obligation towards the ESNtrain participants as during the
registration, the ESNtrain participants agreed on the general terms with the
Platform GmbH.
Having said this, ESN deeply regrets the cancellation of the
project and wishes to help the participants - people who looked forward to
discovering parts of our continent and who believed in the values of cultural
exchange and European diversity. Members of ESN sections that were to organise
events along the route helped stranded participants after the cancellation. Some
of them carried on with the planned events under the theme ESNyway, such as
sections in Vienna, Prague, Berlin or Hamburg.
Immediately after the
cancellation, the Care Team was established in order to support the ESN sections
in their efforts to cope with possible negative effects of the cancellation, to
answer participants' inquiries about ESN's role in the ESNtrain project and
about whom to contact to get reimbursed.

Nice talk, ESN!!! Did you provide the participants with the private phone
number of Bernhard Jäggle? Actually this blog provided participants with
valueable information. ESN failed miserably.
Moreover, I've read that the people in Berlin, who were organizing events
in Berlin, do not want to be associated with ESN.

In order to ease the flow of information among the parties involved in the
ESNtrain project (Platform GmbH, ÖBB, participants' representatives and ESN) and
hopefully to accelerate the reimbursement of the participants, ESN has taken the
initiative to set up a mediation between the aforementioned parties.

9. What is the current status of the mediation?
At the moment, Pascal
Gemperli - the mediator proposed by ESN - is conducting the individual pre-talks
with all those who expressed their interest in the mediation round (ESNtrain
participants, Platform GmbH, ÖBB and ESN) in order to see if the mediation is
the right way to go and to agree on the dates for the mediation. Then, the
mediation will enter in its second phase - the physical meeting which is planned
for July or August 2009, depending on the time availability of the participants
of the mediation.

Did Jäggle actually agreed on participating in that round? I doubt it.

10. Why do we hear nothing about the mediation?
By definition, the mediation
process stays impartial, confidential and voluntary all the time. In this way,
the participants feel more comfortable and less pressured towards open
discussion, which enables them to reach the solutions. Any communication towards
the general public about the mediation is to be decided and agreed upon by all
the participants of the mediation after the physical meeting takes place.

We hear nothing, because Jäggle is trying to wind himself out of this mediation round, finding excuses. This blog made many predictions in the past, most of them were pretty right. I predict, there is not going to be a mediation round where Jäggle is physically going to participate. Believe me!!!

ESN and Platform GmbH
11. What is Bernhard Jäggle doing at the
moment?
Since the cancellation of the ESNtrain and at least up to today
(07.07.2009), the Care Team has been in regular contact with the owner of
Platform GmbH and main organiser of the ESNtrain, Bernhard Jäggle.
Platform
GmbH informs the Care Team of their efforts in collecting money they had prepaid
to suppliers. Once this money is recollected, Platform GmbH is to proceed with
the reimbursements to the participants. Although Platform GmbH does not share
details about its currents steps to the participants, it does provide the Care
Team with some information, on the condition of confidentiality. Based on that
information, we believe that Platform GmbH is so far working in line with in the
interest of the ESNtrain participants.

So is ESN going to be willing at one point the share these confidential
information with? And what is the rationale for Jäggle to tell ESN some
confidential stuff.
In addition we know that ÖBB (the main supplier) is not going to refund any
of the prepayments.

For the ESNtrain project to start, some financial guarantees had been
paid, in order to rent wagons, book tracks and bring the train together. These
deposits have to be refunded to Platform GmbH first. Recollecting this money,
however, takes effort and time. Platform GmbH opted to do this work silently,
believing that the reimbursement process would be faster if the involved actors
(such as suppliers) are not pressured by public scrutiny.

Allright, ÖBB informed us that it was possible to have a phone conversation with Jäggle. Moreover, Jäggle was saying some bad stuff about persons at ÖBB. All in all, Jäggle actually angered ÖBB. Jäggle acted against our interest. Jäggle has chosen to work silently, this was a totally wrong decistion. You'll see it.
In addtion Jäggle didn't just had to pay a "financial guarantee". Jäggle had to pay EUR 500,000 to ÖBB. He managed to pay only EUR 100,000. Jäggle is telling us that the cancellation was not predictable. This is so wrong.

12. Is ESN planning to sue platform GmbH?
ESN believes that there is a better
option than legal steps - the mediation - which is far less costly than trials
and would not thus lower the amount of money that belongs to participants. At
the moment (07.07.2009), ESN has no plan to sue platform, neither on the behalf
of the participants nor on its own behalf.

OK ESN, we take your word. I wonder what ESN is going to do after the mediation round has failed. The mediation round is going to fail, because Jäggle is not going to participate in that.

13. Is ESN planning to help ESNtrain participants suing platform GmbH?
At the
moment (07.07.2009), ESN is exploring and preparing the process of mediation,
rather than confrontation. Until the mediation process is concluded, ESN does
neither intend to help ESNtrain participants take legal steps against Platform
GmbH, nor to take such step on its own.

OK ESN, we'll talk again after the mediation talks have failed.

14. Is ESN encouraging platform GmbH to declare bankruptcy?
Platform GmbH is
a private company. Only its owner can decide if and when to declare bankruptcy.
ESN has no way of influencing that decision.
It would however halt the
efforts of Platform GmbH in collecting the ESNtrain participants' money. A
bankruptcy would be in the interest of Platform GmbH's suppliers that already
received a prepayment and have not yet reimbursed it. It would be detrimental to
the Platform GmbH's customers (the participants), who would see a smaller part
of their money being reimbursed.
Moreover, as far as we know, each of the
ESNtrain participants would need to officially take part in the bankruptcy
process, in order to get reimbursed. Some would certainly do, some would
certainly not bother, others would miss the deadline, which would result in the
unfair situation of some participants receiving money and others not.

ESN is missing one important point here. A bankcruptcy of Platform GmbH would mean that Jäggle is kicked out as CEO of Platform. Hence, an independent bankcruptcy administrator would take over Platform. It would be far easier to deal with a rational person that with this Jäggle idiot. Moreover, this administrator can check whether Jäggle did commit criminal offenses. By looking at the books the administrator can judge whether Jäggle knew about the cancellation already in early March.
When Jäggle continues to hold the position of CEO of Platform, we'll never learn the truth. ESN should finally acknowledge that Jäggle is actually harming our position.
Does ESN remember the email by Jäggle, where he told a number participants how bad a certain of ÖBB was? Jäggle actually destroyed all good will at ÖBB with this email.
Does ESN want Jäggle to continue harming our interests?

15. Did the ESNtrain exist at all?
Yes, the Care Team knows participants and
ESNtrain team members who were in Bratislava and Vienna between March 27th and
30th, and who saw the train or worked on it. The existence of the ESNtrain could
be proved by pictures taken by these people (see below). The ESNtrain was ready
to depart before being cancelled.

Disclaimer: All pictures
on this page are copyrighted by Thomas Strauss. They may not be linked to,
reprinted or copied for distribution without the explicit consent of a member of
the Care Team.

ESN: Could we please get larger pictures!!! I assume this photos were taken at the ÖBB railyard in Vienna, but not Bratislava. I need larger pictures to determine where these pictures were taken. If the pictures were taken in Vienna it proves nothing, because most of the designated cars, which should have a been a part of ESNTrain, were standing in Vienna - with or without ESNTrain.
Please ESN: Provide us with larger pictures!

For sections
16. An ESNtrain participant is claiming money from my section.
What should I do?
Explain to this person that the organizer of the ESNtrain
is neither your section, nor your national board, nor ESN international. Remind
them that they booked a trip with platform GmbH, a private company that has no
financial nor contractual link with ESN (see question 1). Suggest them to
contact platform GmbH to claim their reimbursement.

Well, this shows that the misinformation campaign of Jäggle and Remo Weber certainly have worked. Before the cancellation it was the inofficial policy of ESNtrain to link ESNtrain as closely as possible with ESN.
It is too bad that I cannot prove it - at that point.

If your section receives such an inquiry through a letter from a lawyer, please notify the Care Team, so we keep a good overview. Moreover, feel free to contact the Care Team at any time to get advice on how to handle ESNtrain's participants claims.

17. Some press articles claim that ESN organized the ESNtrain. What is ESN doing
to correct this fact?
The Care Team has limited resources to monitor all
articles or TV reportages concerning ESNtrain. However, it is part of the Care
Team communication strategy to clarify facts about the ESN and ESNtrain to the
general public. Thus, if such an article or reportage is discovered, the Care
Team contacts the author to give the ESN point of view and clarify wrong
statements. Often, the effect of such a correction is however limited: by the
time of the intervention, the news has already been published or aired on TV.

After the damage has been done, ESN is now actively working to correct these mistakes.
Dear ESN folks: It is too late for that. Why haven't you intervened earlier - before the cancellation?

Organization
18. Why did the ESNtrain get cancelled?
The whole issue
of the cancellation is very complex and still subject to investigation. To the
knowledge of ESN, Platform GmbH and ÖBB disagreed about the modalities of
payment, which led ÖBB to call off the project. ESN was not responsible for the
financial management of ESNtrain.

I guess, the modalities of payment existed in written form. Yes or No?
If yes, I cannot understand why there are disagreement.
Moreover, this argument is wrong.

Dear ESN: Please dont mislead us! With our without a disagreement about payment modalities, there would have a been an ESNTrain cancellation. ÖBB said that they wanted to have EUR 500,000 before the ESNTrain departure. Jäggle himself told us that agreed on paying EUR 250,000 before the ESNTrain departure. With or without the disgreement, Jäggle couldn't even pay these EUR 250,000. He just paid EUR 100,000.

19. Does ESN have any plan of supporting a train project another time in the
future?
No. ESN has no knowledge of such a project being planned for near
future (as of 7th July 2009), neither intends to conduct such a project on its
own.

Well, actually the question was whether ESN would a "support" an ESNTrain project in the future. I hope that the answer is a clear No!!!

Future steps
20. What is ESN doing now regarding the ESNtrain?
Since ESN has always supported the values and ideas behind the ESNtrain, ESN has proposed to facilitate mediation for the parties concerned in order to contribute to the solution of the current situation and allow everyone a space for clear and direct communication.