Is there a refund when a tour is canceled due to bad weather?

When the agency cancels the departure, the service does not happen, and the obligation is dissolved (Civil Code, art. 248). The amount paid goes back to the tourist if they do not accept a new date. Under art. 393, the agency is not liable for extra losses caused by force majeure.

Can the agency offer only credit when it cancels the tour?

It can offer credit or a new date, but it should not take away the refund option. The CDC voids any clause that removes the consumer's option to be refunded the amount paid in the cases set by the code (art. 51, II) and any clause that creates an excessive disadvantage (art. 51, IV).

Does someone who backs out of a tour bought online get their money back?

For purchases made outside the business premises, such as on the website or via WhatsApp, art. 49 of the CDC gives 7 days to withdraw, with immediate refund of the amount paid. There is debate about services with a set date; confirm the rule with your lawyer.

Can the agency charge a penalty when the tourist cancels the tour?

Yes, if the rule was disclosed before the purchase (CDC, art. 46) and is not excessive (art. 51, IV). Under the General Tourism Law, penalties and change or cancellation fees cannot exceed the total value of the service (Law 11.771/2008, art. 27, § 8).

The tour went out, but the route changed because of the tide. Am I entitled to anything?

If the service differed from what was offered, art. 20 of the CDC gives the consumer three options: redo the service at no cost, a proportional price reduction or a refund of the amount paid. The consumer chooses.

How should the agency announce the tour cancellation?

Through the channel where the tourist bought, in advance, with the reason and the options: new date, credit or refund. Keep the message sent and each passenger's reply, with date and time.

Tour canceled due to bad weather: refunds, rescheduling and the rule that prevents disputes

By Victor Ferreira · October 26, 2026 · 7 min read

When the agency cancels a tour due to bad weather, the obligation is dissolved. The tourist gets the amount paid back if they don't want to reschedule. The agency can offer a new date or credit, but it should not take away the refund option. What prevents the dispute is a rule accepted before payment and each passenger's choice on record.

Is the tourist entitled to a refund when a tour is canceled due to bad weather?

Yes, when the agency is the one that cancels the departure and the tourist does not accept another date. Bad weather frees the agency from compensating extra losses, but it does not let the agency keep the price of a service that did not happen.

Two rules of the Civil Code support this reading:

Art. 248: if performance becomes impossible through no fault of the obligor, the obligation is dissolved. With no tour, the payment loses its basis and goes back to whoever paid.
Art. 393: the obligor is not liable for losses from unforeseeable events or force majeure, unless it took on that risk. The sole paragraph defines force majeure as a necessary event whose effects could not be avoided.

In practice, the agency refunds the price of the tour. As a rule, it does not pay for the extra hotel night or the transfer the tourist booked on their own. If the agency sold those services together, the picture changes, and it is worth talking to your lawyer.

The Consumer Protection Code (CDC) reinforces the point. Art. 51, II, voids any clause that takes away the consumer's option to be refunded the amount already paid, in the cases set by the code.

The dispute usually starts from the lack of a written rule. In a January 2026 report on Reclame Aqui, a tourist says the tour to Trindade was canceled because of the weather. According to him, the refund was denied, and the company offered another beach or a discount on a future trip.

Rescheduling, credit or refund: what can the agency offer?

The agency can offer all three, and the tourist chooses. Rescheduling and credit are good outcomes for both sides, as long as the refund stays on the table.

Situation	What to offer	Basis
The agency cancels the departure due to weather	New date, credit or full refund, as the tourist chooses	Civil Code, art. 248; CDC, art. 51, II
The tour goes out, but the route changes (example: the tide doesn't allow reaching the natural pools)	Redo on another date, proportional reduction or refund	CDC, art. 20
The tourist withdraws within 7 days of buying on the website or WhatsApp	Immediate refund of the amount paid	CDC, art. 49 (see the caveat below)
The tourist withdraws later, within the accepted rule	What the rule provides, without exceeding the total value of the service	CDC, arts. 46 and 51, IV; Law 11.771/2008, art. 27, § 8
The tourist does not show up for boarding	What the no-show rule provides	CDC, art. 46

Two notes on the table:

"Credit only" is the riskiest rule. When the agency canceled the departure, mandatory credit can be seen as an excessive disadvantage (CDC, art. 51, IV). Offer credit as an option, with a long term and no fee.
A changed route also counts. If the tourist bought Recife de Fora and the boat stayed near the shore, the service changed. Art. 20 of the CDC lets them choose between redoing, a reduction or a refund.

And when the tourist is the one who backs out?

Then the rule they accepted before paying applies, with three legal limits. A rule that was not shown beforehand is not binding.

Information before the purchase. The contract does not bind a consumer who had no chance to see it beforehand (CDC, art. 46). The information must be clear (art. 6, III).
7-day withdrawal. For purchases made outside the business premises, such as on the website or via WhatsApp, the consumer can withdraw within 7 days, with immediate refund (CDC, art. 49). There is debate about how this applies to services with a set date. Work out with your lawyer how your rule handles it.
Penalty cap. Penalties and change or cancellation fees cannot exceed the total value of the services. The rule is in Law 11.771/2008, art. 27, § 8, added in 2024.

The deposit has its own rule. Under the Civil Code, the deposit is deducted from the price when the service takes place (art. 417). If the contract provides a right to withdraw, whoever paid the deposit and backs out loses it. Whoever received it and backs out returns the deposit plus the same amount again (art. 420).

A sample rule, an example to adapt with your lawyer:

Free rescheduling up to 24 hours before departure.
Cancellation up to 48 hours before: refund of the amount paid, minus the deposit.
Cancellation less than 48 hours before, or a no-show: the agency keeps the deposit.
Departure canceled by the agency, due to weather or tide: new date, credit or full refund, as the passenger chooses.

How do I decide on a cancellation without improvising?

Write the criteria before the season and always decide at the same time. A decision based on criteria is easier to explain to the tourist and to defend in a complaint.

The criteria have four parts:

What cancels. The wind, wave, rain or tide limits for each tour, set by whoever is responsible for the vessel.
Where to look. The forecast source and the tide table the team uses, always the same ones.
When to decide. A fixed time, for example 6:00 PM the day before, with a review on the morning of the tour.
Who decides. One name per departure. A decision without an owner turns into a late message in the group chat.

Keep the forecast from the moment of the decision, with a screenshot or a record. If the tourist disputes it, the agency shows the data it had when it canceled.

For tide-dependent tours, the departure time can change without canceling. Announce the new time with the same rule: reason, options and a record of the reply.

How do I communicate and record each passenger's choice?

Send the same message to everyone, through the channel where they bought, with the reason and the options. Then record each reply and turn silence into a task.

A sample message, as an example: "Saturday's 9:00 AM departure has been canceled due to the strong wind forecast. Choose: 1 for Sunday at 9:00 AM, 2 for 12-month credit, 3 for a full refund."

Each passenger's record needs:

The message sent, with date and time.
The reply, with date and time.
The option chosen and what the agency did: new booking, credit issued or refund paid.
The refund deadline and the receipt.

Anyone who has not replied by the agreed time becomes a task with an owner. The front desk calls, records the choice and closes it. The forgotten passenger is the one who files the complaint three weeks later.

This record also helps with cash flow. With each person's choice, the agency knows how much it will refund, how much becomes credit and how much goes back into another departure's capacity.

For the effect of channel commissions on the agency's cash, see how much tour OTAs keep from each sale.

How CERNE solves it

CERNE treats a cancellation as a recorded workflow, from the criteria to the refund.

Rescheduling by weather and tide. When the forecast or the tide changes the departure, CERNE builds the rescheduling with the new dates, and a person confirms sending it.
Recorded choice. Each passenger replies on WhatsApp, and the choice is recorded with date and time. Anyone who doesn't reply becomes a task with an owner.
Receipt and contract. Every direct sale comes with the accepted contract, the cancellation rule and the receipt.
Cancellation deadline per tour. The agency sets how many hours before departure the tourist can cancel with a refund; the default is 48 hours. If your lawyer advises a different deadline because of art. 49 of the CDC, the rule changes in the tour's settings.
Refund by the accepted rule. The refund follows the rule the tourist accepted, and a person releases the payment.
Check-in closes the refund. The guide scans the voucher QR at boarding. Once check-in is done, the tour counts as completed, and the refund can no longer be opened.
Direct question. In the AI assistant, management asks "how many refunds are open and do they fit the contract rule?".

The tourism package is being built with Porto Nativo Turismo, an inbound agency in Porto Seguro. See the workflow on the tours and tourism page and the cards for each function. To compare tools, read what to check in software for an inbound agency.

Start with an assessment

This text does not replace your lawyer's advice, and the sample rule needs to be adapted to your tour. Start with an assessment of your operation: our team reviews your cancellation rule and the path of each refund with you. Schedule the assessment.

Frequently asked questions

Is there a refund when a tour is canceled due to bad weather?: When the agency cancels the departure, the service does not happen, and the obligation is dissolved (Civil Code, art. 248). The amount paid goes back to the tourist if they do not accept a new date. Under art. 393, the agency is not liable for extra losses caused by force majeure.
Can the agency offer only credit when it cancels the tour?: It can offer credit or a new date, but it should not take away the refund option. The CDC voids any clause that removes the consumer's option to be refunded the amount paid in the cases set by the code (art. 51, II) and any clause that creates an excessive disadvantage (art. 51, IV).
Does someone who backs out of a tour bought online get their money back?: For purchases made outside the business premises, such as on the website or via WhatsApp, art. 49 of the CDC gives 7 days to withdraw, with immediate refund of the amount paid. There is debate about services with a set date; confirm the rule with your lawyer.
Can the agency charge a penalty when the tourist cancels the tour?: Yes, if the rule was disclosed before the purchase (CDC, art. 46) and is not excessive (art. 51, IV). Under the General Tourism Law, penalties and change or cancellation fees cannot exceed the total value of the service (Law 11.771/2008, art. 27, § 8).
The tour went out, but the route changed because of the tide. Am I entitled to anything?: If the service differed from what was offered, art. 20 of the CDC gives the consumer three options: redo the service at no cost, a proportional price reduction or a refund of the amount paid. The consumer chooses.
How should the agency announce the tour cancellation?: Through the channel where the tourist bought, in advance, with the reason and the options: new date, credit or refund. Keep the message sent and each passenger's reply, with date and time.

CERNE for Tourism and tours. Capped departures, Pix deposits, QR boarding lists, direct-sale receipts and contracts, and weather and tide rescheduling in one system. AI works inside the operation, and a team stays with your management. See how it works or start with an assessment of your operation.

Sources

Victor Ferreira · Partner at IF Soluções and responsible for CERNE's architecture: the modules many companies share, the API integrations with the systems clients already use, data and security. Makes sure a workflow built for one client becomes a module that serves other markets.