Saturday, March 28, 2009

Cancelled ESN Train: Your Rights

The ESN Train team practically closed down the ESNtrain.org site. That way the terms & conditions and the original timetable are no longer accessible.
// Now, the ESN Train is online again.
However, I uploaded the original timetable and terms & conditions on sribd.com

http://www.scribd.com/doc/13735553/ESNtrain-Timetable
http://www.scribd.com/doc/13735555/ESNtrainAGBDE

According to the terms & conditions the train can only be cancelled after booking in case of an act of nature beyond control (force majeure).
However, the ESN Train team wrote:
The reason why we had to cancel the project is that we were not able to
raise the needed money before the train was supposed to start, as well
as a misunderstanding with the ÖBB about the payment conditions.

This is not an act of nature beyond control.
The cancellation of the ESN Train constitutes a breach of contract. All damages from this breach must be compensated.

Let me inform the world:

  • All ESN Train participants paid everything upfront (in German: Vorkasse). That's why the issue of retrieving the money back from ESN Train (Platform GmbH) is really relevant.
  • There was no clause in the terms & conditions, which said, the ESN train would only go ahead if a minimum number of participants was reached or when a certain amount of sponsor money could be secured.
Bernhard Jaeggle wrote on ESNtrain.org:
"Who is supporting and financing the project?

One third of the total costs is financed by the passengers and train visitors. Two thirds by sponsoring and donations as well by a lot of goodwill on the part of the railway companies. Although the train will roll, further sponsors and donators are warmly invited to join."


This statement was probably a major reason why many people booked the ESNTrain and paid the money upfront to a Swiss bank account.
This is pure speculation: But the statement by Bernhard Jaeggle appears to be a lie.

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