Part of me things that this could have been avoided with better messaging and product design. Instead of calling it "surge pricing," they should have said, "There are no Ubers available. Your expected wait for an Uber is 110 minutes. Would you like to offer a bonus to your driver?"
Then you could select a bonus, and drivers could choose to pick you up or not pick you up based on whether they thought the bonus was enough.
Then you could select a bonus, and drivers could choose to pick you up or not pick you up based on whether they thought the bonus was enough.