// 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.
"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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