“超龄”老人跟团旅行途中不幸离世，谁来承担责任？法院判了！

Core Viewpoint - The case highlights the responsibilities of travel agencies and insurance companies in ensuring the safety and well-being of elderly clients during travel activities, particularly those over 65 years old, and the legal implications of failing to meet these obligations [5][6]. Group 1: Case Background - In October 2024, an insurance company organized a travel event to Xishuangbanna, Yunnan, charging an "age surcharge" of 800 yuan for clients over 65 years old. A 68-year-old client, Wang, paid this fee and joined the trip [2]. - During the trip, Wang experienced a series of activities and collapsed due to health issues, ultimately leading to his death from acute respiratory failure and hypertension [2]. Group 2: Legal Proceedings - Wang's children sued the insurance company and travel agency for a total of 800,000 yuan, claiming negligence in assessing Wang's health and the risks associated with the travel itinerary [2]. - The travel agency was found to have a higher duty of care due to the age surcharge but failed to inform Wang about safety precautions and did not inquire about his health status, leading to a 25% liability for Wang's death [3]. - The insurance company also failed to assess Wang's health and inform him of risks, resulting in a 15% liability [3]. Group 3: Court Judgment - The court determined the total damages at 691,500 yuan, with the travel agency ordered to pay 172,900 yuan and the insurance company 103,700 yuan [4]. - Both parties accepted the court's decision and fulfilled their compensation obligations [4]. Group 4: Industry Implications - The case underscores the increasing disputes in the "silver tourism" market, emphasizing the need for stricter safety measures for elderly travelers as mandated by Chinese tourism law [5]. - Travel operators are required to provide services that meet higher safety standards and must actively inform clients about risks associated with their age and health conditions [5][6]. - The case serves as a reminder for travel agencies to thoroughly assess the health and safety of elderly clients and for travelers to be aware of their health status and communicate it effectively [6].