Short answer. Not simply by calling it a theft. Article 2001 of the Civil Code states that a thief or robber entering the hotel is not deemed force majeure, unless the act involved the use of arms or an irresistible force. Ordinary theft, without that added element, does not by itself excuse the hotel under this article.
What the law says
The act of a thief or robber, who has entered the hotel is not deemed force majeure, unless it is done with the use of arms or through an irresistible force.
Civil Code, Article 2001 — Theft Not Force Majeure. Read the full provision →
Theft is not automatically an excuse
Article 2001 forecloses the simplest version of this defense: the act of a thief or robber, who has entered the hotel is not deemed force majeure, unless it is done with the use of arms or through an irresistible force. Force majeure is the kind of unforeseeable, unavoidable event that can excuse a party from liability, and this article makes clear that ordinary theft, by itself, does not qualify for that label — a hotel cannot treat every theft as automatically "beyond its control" in the legal sense.
The exception is narrow and specific
The article does allow an exception, but only for theft carried out with the use of arms or through an irresistible force. That is a materially higher bar than an opportunistic theft — it points to an armed intrusion or a level of force that genuinely could not have been resisted, not simply a thief who was skilled or unnoticed. A hotel invoking this exception has to show the theft actually involved that kind of arms or irresistible force, not just assert that the theft was regrettable or hard to prevent.
What the article does not decide by itself
Article 2001 answers the force-majeure question specifically — whether the theft counts as an excusing event of that particular kind. It does not, on its own text, walk through every condition of a hotel's overall liability for a guest's belongings, such as what kind of deposit was involved or what notice requirements might apply. What it does establish clearly is that a hotel cannot short-circuit the inquiry by simply labeling an ordinary theft as force majeure.
What to gather if a hotel raises this defense
If a hotel points to this article to deny your claim, ask specifically how the theft occurred and whether the hotel is actually asserting that arms or irresistible force were involved — a vague reference to a break-in is not the same as that specific showing. Keep the incident report, any statements from hotel staff or security, and your own account of the circumstances, since the presence or absence of arms or irresistible force is exactly what this article turns on.