This is trivially beatable by Uber by just allowing these to be configurable and setting the defaults on the client to exclude those people.

After all, the defaults have to be set to something, they might as well be set to the current values. You can even have a first launch "Choose defaults" setting.

Then people can go up and down the scale of what they want but no one practically will. And Uber can promise premium service only for things that meet some minimum standard.

Then none of you would get no questions asked refunds and I would. And everyone would be happy.