Storm, wildfire, strike or road closure: do you have to refund the booking? Force majeure cancellations in accommodation (2026)

Updated: 9 November 2026

A red weather warning, a wildfire or a closed road, and the guest wants their money back. Do you have to refund? We read the Spanish Civil Code, the Andalusian rules, the EU Package Travel Directive and the official help pages of Airbnb, Booking.com and Spain's weather agency AEMET (links at the end). Where we could not confirm something we say so. This is not legal advice: check with your adviser.

The general rule in Spain

From the Civil Code (official gazette, BOE):

Art. 1105: no one is liable for events that could not have been foreseen or that, if foreseen, were unavoidable, unless the law or the contract says otherwise.
So neither you nor the guest owes damages for something unforeseeable or unavoidable.
Art. 1124: in contracts with obligations on both sides, the contract can be terminated. We have not analysed how it applies to each case.
No fault does not mean you can charge for a stay you cannot provide.

Andalusia: Decree 28/2016 is explicit (holiday homes)

Consolidated text from the regional government:

Art. 8.4: if the guest or the owner cancels for duly justified force majeure, no penalty may be applied.
Force majeure: circumstances beyond the control of whoever invokes them, abnormal and unforeseeable, whose consequences could not be avoided with due care.
Without force majeure, the agreed terms apply (art. 8.2). If nothing was agreed (art. 8.3): advance up to 30%; if the guest cancels under 10 days ahead, you may keep it all.
Prudent reading: with justified force majeure, do not keep the advance as a penalty.
Hotels (Decree-Law 13/2020): we have not checked this.

What about the EU Package Travel Directive?

Directive (EU) 2015/2302, read in the Official Journal:

It mainly protects packages: at least two types of travel service for the same trip (art. 3.2).
In a package, the traveller may terminate before departure without a fee if unavoidable and extraordinary circumstances occur at the destination (art. 12.2).
A stand-alone accommodation booking is not a package (recital 15).
Member States may extend similar rules to single contracts such as holiday rentals (recital 21). We have not checked whether Spain did.

Storm, wildfire, strike, road closure: cases

There is no official list. Guidance based on what we read:

AEMET red warning: «extraordinary danger» and «do not travel unless strictly necessary». Good evidence, but no rule we read says it is enough on its own.
Wildfire with an evacuation order or access closed by the authorities: fits «beyond control, abnormal and unforeseeable» better.
Transport strike: the accommodation can still be provided. Airbnb expressly excludes strikes from its policy.
Usual weather for the area and season (snow in the mountains in winter): usually seen as foreseeable.
Keep evidence: screenshots of the warning, official notices, dated photos.

Portugal, Italy and Greece

Portugal: the Civil Code (art. 790) extinguishes the obligation if performance becomes impossible through no fault of the debtor. In a two-sided contract the other party need not pay and, if already paid, may claim it back (art. 795). Read in a municipal copy updated to 1999.
Italy: the Court of Cassation (judgment 16315/2007) held that the holiday purpose is part of the contract and that being unable to use the service ends it. It was a package to Cuba during a dengue epidemic, not stand-alone accommodation.
Greece: we have not read the Greek Civil Code in an official source. Ask your adviser.

Airbnb: Major Disruptive Events Policy

Covers: declared public health emergencies, evacuation or shelter-in-place orders, military action, large-scale utility outages and unforeseeable natural disasters or severe weather.
Does not cover: foreseeable weather (hurricanes in season), flight cancellations or strikes, non-binding advisories, guest illness.
If it applies: the guest cancels with a refund, whatever your policy. You may cancel without fees, but you are not paid for those dates.
Outside the policy, refunds are up to you.

Booking.com: force majeure and emergency closures

Booking.com decides whether force majeure applies and reviews each booking.
It only covers guest cancellations. Guests may change dates, get a voucher or a full refund of any prepayment.
If you must close: cancel, close availability and inform guests. They pay no fee, even on non-refundable rates.
If guests are relocated and the alternative costs more, you pay the difference.

Practical tip: a clear clause

Put it in your booking terms, before the guest books:

What you treat as force majeure (evacuation order, access closed by the authorities, official red warning on the arrival date…).
What you offer: free date change, voucher or refund, and by when.
What evidence you ask for and what is excluded (usual seasonal weather, flight problems).
That it works both ways: if you cancel for force majeure, you refund what you took.

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Frequently asked questions

Do I have to refund the advance if there is a red weather warning?

For holiday homes in Andalusia, no penalty may be applied with justified force majeure (art. 8.4 of Decree 28/2016). Whether a red warning alone is enough is not confirmed.

Is a transport strike force majeure?

There is no confirmed general rule. Airbnb expressly excludes strikes and flight cancellations from its policy.

Does the Package Travel Directive cover my accommodation?

Only if it is part of a package. A stand-alone accommodation booking is not one (recital 15 of Directive 2015/2302).

Sources

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